Gujarat High Court
Ajitsinh Chehuji Rathod vs State Of Gujarat on 10 October, 2014
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/14848/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 14848 of 2014
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AJITSINH CHEHUJI RATHOD....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR TEJAS M BAROT, ADVOCATE for the Applicant(s) No. 1
MR RAJA RAM S BAJPAI, ADVOCATE for the Respondent(s) No. 1
MR HK PATEL ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 10/10/2014
ORAL ORDER
[1] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an offence being C.R.No.I-134/2014 registered with Dahegam Police Station, District: Gandhinagar, for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 114 of the Indian Penal Code.
[2] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned advocate appearing on behalf of the original complainant has tendered the affidavit-in-reply which is taken on record.
[3] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
[4] In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. I have also considered the fact that the offence registered Page 1 of 3 R/CR.MA/14848/2014 ORDER against the applicant is triable by the learned Magistrate. I have also gone through the impugned order passed by the revenue authority which is annexed alongwith the present application by which the name of the father of the original complainant has ordered to be mutated in the revenue record. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I-134/2014 registered with Dahegam Police Station, District:
Gandhinagar on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;
[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injuries to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of three months, between 11:00 a.m. and 2:00 p.m.;
[f] furnish latest and permanent address of 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;
[5] 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
[6] Rule is made absolute to the aforesaid extent. Direct service is Page 2 of 3 R/CR.MA/14848/2014 ORDER permitted. (A.J.DESAI, J.) vijay Page 3 of 3