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CR.MA/296620/2009 3/ 7 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2966 of
2009
=========================================================
PRAGNESH
ASHOKBHAI PANDYA @ PRAGNESH @ PINTOO ASHOKBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM THAKKAR SR. COUNSEL for M/S THAKKAR ASSOC. for
Applicant(s): 1,
MR LB DABHI ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 18/03/2009
ORAL
ORDER
1. Rule.
Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service
of notice of Rule on behalf of the respondent-State of Gujarat.
2. This
application has been filed under Section 439 of the Code of Criminal
Procedure, 1973, for grant of bail in connection with FIR being
I-C.R. No. 30 of 2009, registered at Jamnagar Panchkoshi B
Division Police Station, for offences punishable under Sections 366,
365, 341, 323, 114 and 34 of the Indian Penal Code.
3. The
allegation contained in the FIR is that five unknown persons abducted
the fiance of the complainant, while they were coming back to
Jamnagar from Reliance Mall. It is alleged that the applicant is
involved in the commission of the above mentioned offences.
4. Mr.
P.M. Thakkar, learned Sr. Counsel for the applicant has submitted
that the applicant is innocent and he has been falsely implicated in
the commission of the alleged offence. That, no role is attributed to
the applicant in the FIR and, in fact, the applicant is not connected
with the offences mentioned above. That, the applicant is not
identified, as being one of the five accused persons, involved in the
commission of the alleged offence. That, in fact, the story narrated
in the FIR is not correct and the fact is that the fiance of the
complainant wanted to marry one Girish, who happened to be closely
related to her, and, therefore, she had gone with the accused persons
voluntarily. That, as per the case of the prosecution, the fiance of
the complainant was taken to Vadodara from Jamnagar and then to
Mumbai, and from Mumbai, she came to Rajkot by plane and was
apprehended at Rajkot, air port. The aforesaid fact itself, clearly
shows that she had not been forcibly abducted, as she could have
raised a hue and cry, had that been the case and, therefore, the
application for bail may be favorably considered.
5. Mr.
L.B. Dabhi, learned APP on behalf of the respondent-State has
strongly opposed the grant of bail to the applicant.
6. I
have considered the submissions made by the learned Counsel for the
respective parties, and perused the contents of the FIR as well as
other material on record. From a perusal thereof, prima facie, it
transpires that the involvement of the applicant, in the commission
of the alleged offence, is not clearly borne out. It cannot be lost
sight that the fiance of the complainant went from Jamnagar to
Vadodara, Mumbai and Rajkot, with one of the accused persons. Prima
facie, it does not appear that she was forcibly taken away by the
accused persons. Considering the totality of the facts
and circumstances of the case, the manner in which the offence is
alleged to have taken place, the material on record and the nature
and gravity of offence and as the role attributed to the applicant is
not clearly borne out from the record, the application deserves to be
allowed.
7. For
the reasons stated above, the
application is allowed. The applicant is ordered to be released on
bail in connection with FIR being I-C.R. No. 30 of 2009 registered
with Jamnagar Panchkoshi B Division Police Station, on his
executing a personal bond to the tune of Rs.10,000/- (Rupees Ten
Thousand Only), with one solvent surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
the applicant:
a) shall
not take undue advantage of his liberty or abuse his liberty in any
manner;
b) shall
not act in a manner injurious to the interest of the prosecution
or tamper with evidence or intimidate witnesses;
c)
shall maintain law and order and shall cooperate fully with the
investigating officers and shall make himself available for
investigation, as and whenever directed;
d) shall
mark his presence before the Investigating Officer of the concerned
Police Station on the 15th and 30th day of
every English calendar month, between 10:00 am to
5:00 pm, till the commencement of trial;
e) shall
not leave the local limits of the State of Gujarat without the
prior permission of the concerned Sessions Judge;
f) shall
furnish his residential address to the Investigating Officer and
also to the court at the time of execution of the bond and shall
not change his residential address without prior permission of
this Court;
g) shall
surrender his Passport, if any, to the lower Court within a week.
8. If
the applicant commits breach of any of the above conditions, the
concerned Sessions Judge will be free to issue warrants or take
appropriate action in the matter.
9. It
is made clear that no observations made by this Court be construed as
having any bearing on the merits of the case, at the time of the
trial. The trial Court will proceed in accordance with law,
unaffected and uninfluenced by any observations contained in this
order.
10. 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.
11. Rule
is made absolute. Direct Service is permitted.
(SMT.
ABHILASHA KUMARI, J.)
Umesh/
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