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CR.MA/7819/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7819 of 2011
=========================================================
VINODBHAI
MANGALBHAI VASAVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR LB DABHI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 17/06/2011
ORAL
ORDER
Rule.
Mr.L.B. Dabhi, learned APP wavies service of notice of Rule on behalf
of the respondent-State.
The
applicant prays for regular bail in connection with the offences
registered with Dabhoi Police Station, vide C.R.No.I-66 of 2011 for
the offences punishable under Sections 376 and 506(2) of the Indian
Penal Code.
I
have heard learned advocate Mr. Ashish M. Dagli for the applicant and
Mr.L.B. Dabhi, learned APP for the respondent-State.
Prima-facie
it appears as per the case of the prosecutrix who is aged about 32
years that on the date of the incident i.e. on 28.04.2011, she was at
her home and in the night hours the accused – applicant
forcefully entered into the house and forcibly committed rape on the
prosecutrix.
It
appears that the FIR was also lodged after a period of two days i.e.
on 30.04.2011, however, the entire case put up by the prosecutrix
prima-facie does not inspire any confidence. Investigation is
practically over and in this view of the matter, the accused –
applicant can be released on regular bail subject to certain terms
and conditions.
Taking
into consideration the aforesaid prima facie aspects, I order release
of the accused – applicant on regular bail in connection with
offence registered with Dabhoi Police Station, being C.R.No.I-66 of
2011 on his executing a bond in the sum of Rs.15,000/- (Rupees
fifteen thousand only) 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 or misuse liberty;
(b) maintain
law and order and should co-operate with the Investigating
Officer;
(c)
not act in a manner injurious to the interest of the prosecution;
(d) surrender
his passport, if any, to the Lower Court within a week;
(e) shall
mark his presence before the concerned Police Station in a month of
every 4th
Sunday between 10:00 A.M. and 5:00 P.M.
(f) not
leave the local limits of the State of Gujarat without prior
permission of the Sessions Judge concerned;
(g) 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.
(h) shall
not enter the Village Bamboj, Navi Nagri till the filing of
chargesheet.
The
authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the Lower Court having jurisdiction to try
the case. This application is allowed.
Rule
is made absolute. Direct Service permitted.
(J.B.
Pardiwala, J.)
rakesh/
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