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CR.MA/11759/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11759 of 2008
=========================================================
RAKESH
PUNAMBHAI TADVI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BS PATEL for
Applicant(s) : 1,MRS RANJAN B PATEL for Applicant(s) : 1,
MR SP
HASURKAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 06/10/2008
ORAL
ORDER
Heard
learned advocate for the applicant and larned APP Mr.Hasurkar for the
respondent State.
2. Rule.
Mr.Hasurkar, learned APP waives service of rule on behalf of the
respondent State.
3. The
applicant, who has been arrested on 10.7.2008 by Padra Police
Station, in connection with I-CR No. 83 of 2008 for the offences
punishable under Sections 363, 366 and 376 of IPC had preferred an
application for bail before the learned District and Sessions Court,
Vadodara vide application being Criminal Misc.Application No. 1071 of
2008 under Section 439 of Cr.PC, which was rejected by the learned
Judge vide order dated 13.7.2008.
4. The
present application for bail is preferred against the aforesaid
order. It is alleged that the applicant has abducted the victim and
committed rape against her will. It is submitted that the charge
sheet is already filed.
5. Taking
into consideration the statement of the victim girl as well as the
age of her at the time of incident, this application deserves to be
allowed and it is hereby allowed.
6. The
applicant is ordered to be released on bail in connection with I-CR
No.83 of 2008 registered with Padra Police Station for the offence
alleged against him, on his executing a personal bond in sum of
Rs.5,000/- (Rupees Five thousand only) with one surety of like amount
to the satisfaction of the lower Court and subject to the conditions
that he shall;
(a) not
take undue advantage of his liberty or misuse his liberty;
(b) not
to act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) mark
his presence before the concerned police station on every 1st
day of the month between 9.00 a.m. and 2.00 p.m.
(e) not
leave the State of Gujarat without the prior permission of this
Court/Sessions Judge concerned;
(f) furnish
the 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 the residence
without prior permission of this Court;
(g) surrender
his passport, if any, to the lower Court within a week.
7. If
breach of any of the above condition is committed, the learned
Sessions Judge concerned will be free to issue warrant or take
appropriate action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case.
9. Rule
is made absolute. Direct service is permitted.
(M.D.Shah,
J.)
Sreeram.
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