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CR.MA/13797/2011 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13797 of
2011
=========================================================
SURAJKUMAR
NANAKSHA GUPTA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BC DAVE for
Applicant(s) : 1,MR KUNAL B DAVE for Applicant(s) : 1,
MR DESAI
APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 07/10/2011
ORAL
ORDER
1. Heard
Mr. B.C. Dave, learned advocate for the applicant and Mr.Desai,
learned APP for the respondent-State.
2. This
application seeking regular bail under Section 439 of the Code of
Criminal Procedure, 1973 has been preferred by applicant in
connection with the offence registered with Limbayat
Police Station,
Surat bearing
C.R. No.I-82
of 2011 for
the offence punishable under Sections 454, 380 and 114 of Indian
Penal Code.
3. Mr.Dave,
leaned advocate for the applicant has submitted that FIR does not
reveal the name of present applicant. He further submitted that now
the chargesheet is filed and that therefore there is no likelihood of
tampering with the evidence. He also submitted that there is no nexus
with the present incident of the applicant. He further submitted that
the alleged offence against the applicant is Magistrate triable.
4. The
application is opposed by Mr.Desai, learned APP, who has submitted
that the applicant had committed the alleged offence which is serious
in nature, there has been recovery of stolen material from the
applicant and that therefore the application deserves to be rejected.
5. Having heard
the learned counsel for both the sides and considering the facts and
circumstances of the case as well as the documents and other material
produced on record of this case, the gravity of the offence, the
quantum of punishment, the allegations against the applicant, the
manner in which the applicant is allegedly involved in the case as
per the allegation of the prosecution, coupled with the fact that
prima facie it appears that FIR does not reveal
the name of present applicant and / or about the alleged modus
operandi, now the chargesheet is filed, I am of the view that the
applicant deserve to be released on bail. Furthermore, the alleged
offence against the applicant is Magistrate triable offence and in
the complaint there is no specific allegation about the alleged modus
operandi of the present applicant of engaging young children to carry
out the illegal and unlawful activities and it appears to be
allegation by co-accused, I am inclined to allow this
application and release the applicant on appropriate condition.
6.
Hence,
this application is allowed. It is directed that the present
applicant in connection with CR
No.I-82 of 2011 registered
with Limbayat
Police Station,
Surat be released on bail, in respect of the offences alleged against
him in this application, on his executing and furnishing a bond of
Rs.15,000/- (Rupees: Fifteen Thousand Only) with two solvent sureties
of like amount, by the concerned Police Officer, and on condition
that he shall:-
(a) not take
undue advantage of or abuse the liberty.
(b) not act in
manner injurious to the interest of the prosecution.
(c) maintain
law and order.
(d) not leave
the State of Gujarat without prior permission of the Sessions Court
concerned.
(e) furnish the
address of his residence at the time of execution of bond and shall
not change the residence without prior permission of the Sessions
Court/this Court.
(f) surrender
his passport, if any, to the lower court within 4 days from the date
of this order.
(g)
mark his presence at the Limbayat
Police Station, Surat initially
on 14.10.2011
and
thereafter on every first and fifteenth day of every month,
between
11.00 a.m. to
3.00 p.m.
(h) not enter
the revenue limit of village Limbayat as well as Surat District till
the trial is over without prior permission of the Sessions Court, but
for marking his presence and attending the Court in connection with
this case the applicant will be free to enter the limits for a period
to the extent necessary and will leave the limits of Surat District
immediately after the case is adjourned.
7. The
authorities will release the applicant only if he is not required in
any other offence for the time being.
8. If breach of
any of the above conditions is committed the Sessions Judge concerned
will be free to issue warrant or take any appropriate action in the
matter.
9. Bail-bond
before the lower Court having jurisdiction to try the case.
10. At the
trial, the trial Court shall not be influenced by the observations,
which are purely prima facie, tentative and preliminary nature and
have been made only for the purpose of examining prayer for bail
pending the trial. The Court shall arrive at its own conclusion
independently on the basis of the evidence and other aspects of the
case.
11. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(K.M.
THAKER, J.)
Suresh*
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