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CR.MA/1799/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1799 of 2010
=========================================================
RAJAJI
@ RAJU KANDHAJI ODEDARA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
JM BUDDHBHATTI for
Applicant(s) : 1,
MR DC SEJPAL APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 11/03/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicant, who has been arrested in
connection with F.I.R. registered as C.R.No.I-6 of 2009 with Ranavav
Police Station, Porbandar for the offence punishable under Sections
363,366 and 376 of the Indian Penal Code.
2. Learned advocate
Mr.J.M. Buddhbhatti for
the applicant submitted that the applicant is an innocent person and
he has been falsely implicated in the alleged commission of offence.
Considering the role attributed to the applicant, he deserves to be
enlarged on bail.
3. Learned
A.P.P. Mr.D.C. Sejpal, representing the respondent-State, while
opposing the bail application, submitted that the applicant is
involved in
the serious offence punishable under Sections 363,366
and 376 of the Indian Penal Code.
Considering the role attributed to the applicant, nature of offence
and manner in which the offence is committed by him, no discretionary
relief be granted to the applicant and the application be dismissed.
4. I
have heard learned advocate Mr.J.M.
Buddhbhatti for the applicant and learned A.P.P.
Mr.D.C. Sejpal for the respondent-State at length and in great
detail. Considering the rival submissions, role attributed to the
applicant which is reflected in the F.I.R. at Annexure A to the
application, provisions of Sections 363, 366 and 376 of the Indian
Penal Code, police papers, quantum of punishment and the fact that
the victim is residing with the relatives of the applicant and she is
also pregnant, I am of the view that in the peculiar facts and
circumstances of the case, the applicant deserves to be enlarged on
bail without discussing the evidence in detail.
5. In view of the above,
the application is allowed and the applicant is ordered to be
enlarged on bail in connection with C.R.No.I-6 of 2009 registered
with Ranavav Police Station, Porbandar 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 first week of every
English calendar 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.
6. 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.
7. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
8. 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 applicant on bail.
9. Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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