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CR.MA/2746/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2746 of 2010
=================================================
PATEL
NILESHBHAI RAMESHBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance
:
MR YM THAKORE for Applicant(s)
: 1,
MR DC SEJPAL ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date :
06/04/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973, by the applicant who has been arrested in
connection with I-C.R.No.79 of 2009 registered at Becharaji Police
Station for the offences punishable under sections 363, 366 and 376
of Indian Penal Code.
The
learned advocate Mr.Y.M.Thakore for the applicant submitted that the
applicant is an innocent person and false case is foisted on him.
Considering the role attributed to the applicant as reflected in
First Information Report at Annexure-A to the application, he
deserves to be enlarged on bail.
Learned
APP Mr.D.C.Sejpal representing State while opposing the bail
application submitted that applicant is involved in a serious
offence punishable under sections 363, 366 and 376 of Indian Penal
Code. Considering the manner in which offence is committed by the
applicant and the gravity of offence, no discretionary relief be
granted to the applicant and the application deserves to be
dismissed.
I
have heard learned advocate Mr.Thakore for the applicant and
Mr.Sejpal, learned Additional Public Prosecutor for respondent State
at length and in great detail.
I
have considered the role attributed to the applicant as reflected in
First Information Report as well as police papers. The order passed
by this Court (Coram:A.L.Dave and Bankim N. Mehta, JJ.) in habeas
petition being Special Criminal Application No.2559 of 2009, which
is at Annexure-B to the application, is also perused by me.
Considering the totality of facts and circumstances of the case, the
prayer, as set out in the application, is required to be granted and
the applicant deserves to be enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.79 of 2009 registered at Becharaji Police Station on
executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one
surety of the like amount to the satisfaction of the Trial Court and
subject to the conditions that he shall,
[a]
not take undue advantage of his liberty or abuse his liberty;
[b]
not act in a manner injurious to the interest of the prosecution;
[c]
surrender his passport, if any, to the lower Court within a week;
[d]
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e]
mark his presence at the concerned Police Station on any day of
every first week of English calender month between 9.00 AM and 2.00
PM till the trial is over;
[f] furnish
the present address of his residence to the I.O. And also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g] maintain
law and order.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
At
the trial, the Trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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