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CR.MA/10806/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10806 of 2010
======================================
NEMICHANDBHAI
CHHAGANLAL SONI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR LAKHANI SENIOR COUNSEL WITH MR PRAVIN GONDALIYA
FOR M/S S G ASSOCIATES for Applicant(s) : 1,
MS
MINI NAIR APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 16/09/2010
ORAL ORDER
Rule.
Ms.Mini Nair, learned Additional Public Prosecutor waives service of
notice of Rule on behalf of the Respondent-State of Gujarat.
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the charge sheet.
The
applicant-accused is charged with having committed offences
under sections 366, 376 and 114 of Indian Penal Code, for which, FIR
has been lodged being I-C.R.No.110/2010 at Diyodar Police Station.
Learned
senior advocate Mr.Lakhani appearing with Mr.Gondaliya for the
applicant referred to the First Information Report and submitted
that the victim is major and is voluntarily left as it transpires
from the complaint itself, and, therefore, offence is not made out.
He has further submitted that as charge sheet is not filed, present
application may be allowed.
Learned
A.P.P. Ms.Nair resisted the present application.
Having
heard learned senior counsel Mr.Lakhani for the applicant and
learned APP Ms. Nair for the State and having considered the nature
of offence, role attributed to the applicant and the manner in which
alleged offence is said to have been committed, present application
deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.110/2010 at
Diyodar Police Station on his executing a bond of Rs.5,000/- (Rupees
Five Thousand Only) with one solvent surety of the like amount to
the satisfaction of the lower Court and subject to the conditions
that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English Calender between 11:00 AM to 2:00 PM.
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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