Gujarat High Court
Ramaji Babaji Thakore vs State Of Gujarat on 7 May, 2021
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/7996/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7996 of 2021
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RAMAJI BABAJI THAKORE
Versus
STATE OF GUJARAT
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Appearance:
MR N P CHAUDHARY(3980) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 07/05/2021
ORAL ORDER
Rule. Learned APP waives service of notice of rule for the respondent - State.
1. Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. 11195051210138 of 2021 with Thara Police Station for the offences punishable under Sections 457, 380, 511 of IPC.
3. Heard and examined the papers placed for consideration in support of the submission made at bar.
4. Upon hearing submission, following picture emerges on Page 1 of 3 Downloaded on : Sat May 08 00:03:49 IST 2021 R/CR.MA/7996/2021 ORDER record :-
(i) Charge sheet is filed.
(ii) The applicant is charged with an offence of
attempting to commit theft.
(iii) No any past antecedent is registered against the applicant
(iv) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.
(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.
5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. 11195051210138 of 2021 with Thara Police Station, Banaskantha on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the 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 injurious to the interest of the prosecution;
[c] not leave the territory of India without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.
Page 2 of 3 Downloaded on : Sat May 08 00:03:49 IST 2021 R/CR.MA/7996/2021 ORDER
[e] furnish the present address of residence along
with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
6. The competent authority will release the applicant only if the applicant 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 take appropriate action in the matter. Bail bond to be executed before the 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, the 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.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SHEKHAR P. BARVE Page 3 of 3 Downloaded on : Sat May 08 00:03:49 IST 2021