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CR.MA/13208/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13208 of 2011
In
CRIMINAL
APPEAL No. 838 of 2011
=========================================
RAJESHKUMAR
NANJIBHAI BHAGORA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
MAULIK N SHAH for
Applicant(s) : 1,
MR LR POOJARI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 21/10/2011
ORAL
ORDER
[1] Present
application has been filed by the applicant to release him on bail
who is convicted vide order dated 07.05.2011 passed by the learned
Sessions Judge, Himatnagar in Sessions Case No.41 of 2010 for the
offence under section 363, 366 and 376 of the Indian Penal Code.
[2] This
Court has gone through the judgment and order passed by the Trial
Court. When the incident took place, victim was major and aged about
more than 16 years. As per statement of victim, she was in love
affair with the applicant accused, she went with the accused and
stayed at different places with accused. Above aspect speaks volume
about the conduct of the victim.
[3] It
is not proper to discuss evidence in detail while deciding the bail
application.
[4] Applicant
accused is in jail since about two years and considering the conduct
and age of victim and the manner in which incident took place,
present application deserves to be allowed.
[5] In
view of above, application is allowed. Applicant – accused is
ordered to be released on bail on executing personal bond of
Rs.10,000/- (Rupees Ten Thousand only) with solvent surety of like
amount to the satisfaction of Trial Court on condition that the
applicant – accused shall : –
(a) not
leave India without prior permission of the Court.
(b) not
enter Village – Chatreshwari, Taluka – Modasa, District –
Sabarkantha for two years.
(c) provide
his residential address to the concerned police station as well as
this Court.
[6] Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[M.D.Shah,
J.]
satish
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