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CR.MA/1545/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1545 of 2011
=========================================================
RAJPUT
RUDABHAI HOTHIBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM LAKHANI for
Applicant(s) : 1,MRS RP LAKHANI for Applicant(s) : 1,
MR JK SHAH,
APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 15/02/2011
ORAL
ORDER
Counsel
for the applicant submitted that applicant is not named in FIR. He
however, apprehends arrest in connection with FIR bearing C.R.
No.I-159/2010 registered before Deodar Police Station, Banaskantha.
He submitted that the victim girl is aged about 22 years. Applicant
is not stated to have committed offence of rape himself but is shown
to be an abeter. Learned APP made available statement of the victim
girl.
Considering
the submissions made and looking to statement of victim girl, by
allowing this application, it is ordered that in the event of arrest
of the applicant in connection with C.R. No.I-159/2010, he shall be
released on bail upon his furnishing a bond of Rs. 10,000/-(Rupees
Ten Thousand) with one surety of like amount to the satisfaction of
the lower Court and subject to the following conditions that he :
[A] shall
cooperate with the investigation and make himself available for
interrogation whenever required.
[B] shall
remain present at concerned Police Station on 18.2.2011 between
11:00 am to 2:00 pm:
[C] shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them from disclosing such facts to the Court or to any
Police Officer;
[D] shall
at the time of execution of bond, furnish the address to the
Investigating Officer and the Court concerned and shall not change
the residence till the final disposal of the case or till further
orders;
[E]
will not leave India without the permission of the Court and, if is
holding a Passport, shall surrender the same before the trial Court
immediately
[F] It
would be open to the Investigating Officer to file an application for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits.
[G] despite
this order, it would be open for the Investigating Agency to apply to
the competent Magistrate, for police remand of the applicant. The
applicant shall remain present before the learned Magistrate on the
first date of hearing of such application and on all subsequent
occasions, as may be directed by the learned Magistrate. This would
be sufficient to treat the accused in the judicial custody for the
purpose of entertaining application of the prosecution for police
remand. This is, however, without prejudice to the right of the
accused to seek stay against an order of remand, if ultimately
granted, and the power of the learned Magistrate to consider such a
request in accordance with law. It is clarified that the applicant,
even if, remanded to the police custody, upon completion of such
period of police remand, shall be set free immediately, subject to
other conditions of this anticipatory bail order.
Rule
made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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