Mukesh Kanjibhai Thakor (Bhish) vs State Of on 27 June, 2013

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Gujarat High Court

Mukesh Kanjibhai Thakor (Bhish) vs State Of on 27 June, 2013

Bench: A.J.Desai

  
	 
	 MUKESH KANJIBHAI THAKOR (BHISH)....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s)
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 


	R/CR.MA/9315/2013
	                                                                    
	                           ORDER

 
	  
	  
		 
			 

IN
			THE HIGH COURT OF GUJARAT AT AHMEDABAD
		
	

 


 


 


CRIMINAL MISC.APPLICATION
(FOR REGULAR BAIL) NO. 9315 of 2013
 


 


 

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MUKESH KANJIBHAI THAKOR
(BHISH)....Applicant(s)
 


Versus
 


STATE OF
GUJARAT....Respondent(s)
 

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Appearance:
 

MR
AMIT N CHAUDHARY, ADVOCATE for the Applicant(s) No. 1
 

MR
LB DABHI APP for the Respondent(s) No. 1
 

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CORAM:
				
				
			
			 
				 

HONOURABLE
				MR.JUSTICE A.J.DESAI
			
		
	

 


 

 


Date : 27/06/2013
 


 

 


ORAL ORDER

1. Rule.

Mr. L.B.Dabhi, learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 439 of the Code of Criminal Procedure Code for regular bail in connection with F.I.R. registered at C.R. No. I - 80 of 2012 with Dharampur Police Station, District Valsad for the offences punishable under Sections 363 and 366 of the IPC.

3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

4. Heard learned advocate for the parties. Perused the papers of investigation, statement of Bhavnaben as well as joint affidavit made by the present applicant and the prosecutrix that they have got married as per the Hindu Rites and ritual and exception No. 2 of Section 375 of the IPC and considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 80 of 2012 with Dharampur Police Station, District Valsad 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 he 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 at the concerned police station on alternative Monday for a period of three months and thereafter, on first Monday of the month for a period of six months.;

[f] furnish the present address of residence to the I.O. 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 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.

6. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) *Kazi Page 2 of 2

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