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CR.MA/14138/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14138 of 2011
=========================================
VIJAY
@ CHAKO S/O RAMESHBHAI GUPTA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
BABUBHAI B PARMAR for
Applicant(s) : 1,
MS CM SHAH, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/10/2011
ORAL
ORDER
Rule.
Ms.C.M. Shah, learned
Additional Public Prosecutor, waives service of notice of Rule on
behalf of the respondent-State.
By
way of present application, filed under Section 439 of the Code of
Criminal Procedure, 1973, the applicant has prayed to release him on
regular bail in connection with CR No.I-185 of 2011 registered with
Sola Police Station, Ahmedabad for the offence punishable under
Sections 394 and 114 of the Indian Penal Code and under Section
135(1) of the Bombay Police Act.
Heard
Mr.Babubhai B. Parmar, learned counsel for the applicant and
Ms.Chetna M. Shah, learned Additional Public Prosecutor for
respondent-State.
Mr.Parmar,
learned counsel for the applicant, has contended that applicant is
innocent person and has not committed any offence as alleged. He has
also contended that the applicant is not named in the FIR. He has
further contended that nothing is recovered from the present
applicant. He has further contended that even identification of the
applicant is not established. He, therefore, contended that looking
to the facts of the case and overall circumstances, applicant may
kindly be released on bail.
Mr.K.L.
Pandya, learned Additional Public Prosecutor appearing on behalf of
the respondent-State, vehemently opposed the present application and
contended that the applicant is involved in a serious offence.
In
the facts and circumstances of the case and considering the nature
of allegations and role attributed to the applicant and now the
charge-sheet is filed, this Court is of the opinion that this is a
fit case to exercise the discretion to enlarge the applicant on
bail.
Hence,
the applicant is ordered to be released on bail in connection with
CR No.I-185 of 2011 registered with Sola Police Station, Ahmedabad
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) mark
his presence before the Investigating Officer on every 15th
day of each English calendar month between 09.00 hours and 14.00
hours;
f) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
g) 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
the residence without prior permission of this Court;
hs) surrender
his passport, if any, to the lower Court within a week.
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.
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)
Anup
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