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CR.MA/3777/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3777 of 2011
=================================================
RAKESHBHAI
NATVARLAL @ NATUBHAI GOHEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
YS LAKHANI Senior Advocate with MR PS GONDALIA for M/S
S G ASSOCIATES for Applicant(s) : 1,
MR
AJ DESAI APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/03/2011
ORAL
ORDER
Rule.
Learned APP waives service of rule.
Learned Senior Advocate appearing
for the applicant submits that investigation
is over and charge sheet is filed and allegations levelled in the
FIR have no basis and during the course of investigation also
nothing surfaces on record in support of such allegations. It is
further submitted that immediately after the incident, the victim
was admitted in one of the best hospitals of the Rajkot City. It is
also submitted that earlier efforts were made to enter into
compromise by the intervention of caste and community leaders, where
also no complaint or grievance was made as such. It is
further submitted that the applicant will not flee from
justice and will cooperate with the investigation as and when called
for. It is further submitted that by imposing suitable conditions,
the applicant may be enlarged on bail.
Heard learned APP for the
respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact that
charge sheet is filed, without discussing the evidence in
detail, at this stage, I am inclined to enlarge the applicant on
bail in connection with C.R.No.I-33/2010 of Mahila Police Station,
Rajkot for the offences punishable under sections 498-A, 306 &
114 of the Indian Penal Code and under sections 4 & 5 of the
Dowry Prohibition Act, on furnishing bond of Rs.10,000/- (Rupees
ten thousand only) with one surety of the like amount to the
satisfaction of the lower Court and on conditions that the applicant
shall :
[a] not
take undue advantage of liberty or abuse liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m .
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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