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CR.MA/2690/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2690 of
2011
=========================================================
THAKOR
MANSANGJI JAGMALJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MANISH J PATEL for
Applicant(s) : 1,
MR LB DABHI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 21/03/2011
ORAL
ORDER
Counsel
for the applicant submitted that investigation is over and
charge-sheet is filed. Applicant has no criminal antecedents. He is
aged about 21 years of age. He further submitted that first,
allegations made in the FIR were regarding molestation and not of
rape. Subsequently, however, complainant made further allegation
alleging that present applicant had also committed rape on her.
Counsel
further submitted that being a boy of young age, he may be granted
bail on any just condition.
On
the other hand learned APP submitted that there is prima facie
evidence of the applicant having committed a serious offence.
Having
heard learned advocates for the parties and having perused documents
on record, looking to the young age of boy as also considering that
investigation is over and charge-sheet is filed and co-accused has
been granted bail, the applicant is ordered to be released on bail in
connection with C.R. No. I-100/2010 registered before Sami police
station, District Patan, on his furnishing a bond of Rs.
10,000/-(Rupees Ten Thousand) with one surety of like-amount to the
satisfaction of the lower Court and subject to following conditions
that he shall :
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
shall
not enter the area of Gochnad village, Taluka Sami, District Patan
till competition of trial.
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court and shall mark presence in the police station in the area
where he is residing on every 1st and 15th day
of English Calendar month between 11:00 am to 2:00 pm;
surrender
his 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. Application is disposed of accordingly.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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