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CR.MA/5122/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5122 of 2011
=========================================================
RAHULKUMAR
ISHWARBHAI GAMETI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
DAIFRAZ HAVEWALLA for
Applicant(s) : 1,MR MAULIK N SHAH for Applicant(s) : 1,
MR JK SHAH
APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/04/2011
ORAL
ORDER
Rule.
Learned APP waives service of rule.
Learned
advocate for the applicant submits that charge sheet is filed and
from the statement of Priyankaben – the victim recorded on
25.01.2011 it reveals that she had voluntarily gone with the
applicant and entered into physical relationship and there was no
coercion or undue pressure. It is further submitted that by
imposing suitable conditions, the applicant may be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact that
charge sheet is filed, without discussing the evidence in
detail, at this stage, I am inclined to enlarge the applicant on
bail in connection with C.R.No.I-8/2011 of Vijaynagar Police
Station, District Sabarkantha for the offences punishable under
sections 363, 366, 376 & 34 of the Indian Penal Code, on
furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one
surety of the like amount to the satisfaction of the lower Court and
on conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m .
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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