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CR.MA/14286/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14286 of 2011
=========================================================
THAKOR
DASHARATHJI @ CHUTHAJI JIVAJI @ HARIJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MT SAIYAD for
Applicant(s) : 1,
Mr. KL Pandya, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 18/10/2011
ORAL
ORDER
Leave
to amend year of this application from 2009 to 2011 is granted.
Heard
learned Advocate Mr. Saiyad for applicant and Mr. KL Pandya, learned
APP for State.
Rule.
Service of rule is waived by learned APP Mr. Pandya on behalf of
State.
Present
application is filed by the applicant original accused under section
439 of Code of Criminal Procedure for regular bail in connection
with the offence registered as CR NO.I-104 of 2011 registered with
Mehsana B Division Police Station for the offence under section 363,
366, 376, 506(1) and 114 of the Indian Penal Code.
Learned
counsel Mr. Saiyad for applicant has contended that looking to the
date date of offence and birth date of offence, she is minor having
age of more than sixteen years.
He also submitted that the learned Judge has also considered that
she is not less than sixteen years age and looking to the conduct of
prosecutrix, it is a clear case of consent and, therefore, case of
applicant is required to be considered for bail. He also contended
that the applicant will be available during investigation and trial
and will abide by the terms and conditions that may be imposed by
this this court.
Learned
APP Mr. Pandya for respondent State has read over the papers and
date of birth of prosecutrix and contended that the age of the
prosecutris was not less than sixteen years on the date of offence.
In
the facts and circumstances of the case, this Court is not entering
into merits regarding consent or otherwise but this court is of the
view that this is a fit case for exercise of discretion in favour of
petitioner for granting bail and, therefore, this application is
required to be allowed.
Hence,
the applicant is ordered to be released on bail in connection with
CR No.I-104 of 2011 registered before Mehsana B Division Police
Station for the offence alleged against him in this application on
his executing a bond of Rs.10,000/- (Rupees ten thousand only) with
one solvent 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
f) furnish
the address of their residence to the Investigating Officer 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.
(h) Applicant
shall not enter into area of B Division Police Station, Mehsana
upto filing of charge sheet.
7. If
the breach of any of the above conditions is committed, the
concerned Court 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. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for. Rule is made absolute.
Direct
service is permitted.
(Z.
K. Saiyed, J)
Vyas
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