Gujarat High Court
Rajak Alias Bakri Amadbhai Hingora & 2 vs State Of Gujarat on 1 August, 2014
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/11805/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 11805 of 2014
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RAJAK ALIAS BAKRI AMADBHAI HINGORA & 2....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR PRAVIN GONDALIYA, ADVOCATE for the Applicant(s) No. 1 3
MR RC KODEKAR, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 01/08/2014
ORAL ORDER
1. RULE. Waived by learned APP Mr.R.C.Kodekar, for the respondent State.
With the consent of learned Advocates appearing for the parties, the matter is taken up for final hearing.
2. By way of the present application under Section 439 of the Code of Criminal Procedure, 1973, the applicantaccused have prayed to release him on regular bail in connection with the FIR registered at CR No. II 3138 of 2014 before Una Police Station for the offenses punishable under Sections 5, 6, 8 and 10 of the Gujarat Animal Preservation Act, 1954 and under Section 11 of Prevention of Cruelty To Animals Act, 1960 and Section 295A of the Indian Penal Code.
3. Heard learned Advocates appearing on behalf of the respective parties and perused the FIR as well as the investigation papers. Considering the fact that coaccused have been released on regular bail vide orders dated 31.07.2014 passed in Criminal Misc. Application Nos. and 11174 of 2017 and 11784 of 2014 and the overall facts of the case, I am of the of the opinion that the Page 1 of 3 R/CR.MA/11805/2014 ORDER application requires consideration. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being CR No. II3138 of 2014 before Una Police Station, 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 he shall;
[a] not take undue advantage of his liberty or misuse the liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender his 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 his presence before the concerned Police Station on alternate Monday of every month for a period of three months between 10:00 a.m. and 4:00 p.m.;
[f] furnish latest 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;
4. The Authorities shall 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 Page 2 of 3 R/CR.MA/11805/2014 ORDER 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) *Kazi...
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