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CR.MA/12407/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12407 of 2010
=========================================================
SUBHASHBHAI
AMARSINH DAMOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MA KHARADI for
Applicant(s) : 1,
MS MANISHA L SHAH APP for Respondent(s) : 1,
MR. V. NAGESH FOR ORIGINAL
COMPLAINANT
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date : 25/10/2010
ORAL ORDER
The
present application has been filed by the applicant for grant of
regular bail under section 439 of Code of Criminal Procedure, 1973.
The
applicant is charged with having committed offence sections 363,
376, 506(1) and 114 of Indian Penal Code for which F.I.R. being
I-C.R.No.45 of 2010 has been registered with Fatepura Police
Station.
Learned
advocate Mr.Kharadi for the applicant accused submitted that it is a
case of consent and the allegation with regard to manner in which
offences is alleged to have been committed, may not be believed as
the victim is a woman aged about 21 years and she is said to have
been kidnapped from bus-stand where there will be presence of number
of persons. Further, he referred to the details with regard to
moving from one place to another place and submitted that present
application may be considered in the facts and circumstances.
Ms.Manisha
L.Shah, learned Additional Public Prosecutor resisted the
application and submitted that applicant is also married.
Mr.Nagesh,
learned advocate for original complainant submitted the affidavit of
complainant.
Having
heard learned advocate Mr.Kharadi for the applicant, learned APP
Ms.Shah and learned advocate Mr.Nagesh for the complainant and
having perused the papers also and considering the nature of
offence, manner in which it is alleged to have been committed
particularly considering the averments regarding the age of the
victim and as stated in her own affidavit, when she has been taken
on motorcycle, without any further elaboration, present application
deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.45 of 2010 has
been registered with Fatepura Police Station on his executing bond
of Rs.5,000/- (Rupees Five Thousand) with one solvent surety of the
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 abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of English calender month between 11:00 AM to 2:00 PM till the trial
commences.
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit/-
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