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CR.MA/3399/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3399 of 2010
=========================================================
RAJUBHAI
@ RAJESHBHAI BHIKHABHAI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YV BRAHMBHATT for
Applicant(s) : 1,
MR DEVANG VYAS APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/04/2010
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 C.R.No.I-33 of 2009 registered with Petlad Town
Police Station for the offence punishable under Sections 363,366 and
376 of the Indian Penal Code.
2. I have heard learned
advocate Mr.Y.V. Brahmbhatt for the applicant and learned A.P.P.
Mr.Devang Vyas for the respondent-State at length and in great
detail. Considering the role attributed to the applicant which is
reflected in the F.I.R. at Annexure A to the application, statement
of victim, provisions of Sections 363,366 and 376 of the Indian Penal
Code, gravity of offence, police papers and quantum of punishment
etc., I am of the view that the applicant deserves to be enlarged on
bail.
3. In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with
C.R.No.I-33 of 2009 registered with Petlad Town Police Station 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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.
ANTANI, J.)
Hitesh
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