Ajitbhai @ Lalo Rasikbhai Ghudabhai ... vs State Of Gujarat on 23 September, 2022

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Gujarat High Court

Ajitbhai @ Lalo Rasikbhai Ghudabhai ... vs State Of Gujarat on 23 September, 2022

Bench: Samir J. Dave

     R/CR.MA/16450/2022                          ORDER DATED: 23/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 16450 of 2022

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               AJITBHAI @ LALO RASIKBHAI GHUDABHAI KHER
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR NIMESH M PATEL(6780) for the Applicant(s) No. 1
MS MEGHAVI J GAJJAR(11380) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                            Date : 23/09/2022

                             ORAL ORDER

1. Draft amendment stands allowed. Necessary amendments shall be carried out forthwith.

2. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being CR. No. 11190006220253 of 2022 registered with Ranpur Police Station, Dist: Botad for the offfence punishable under Sections 489A, 489B, 489C, 489D, 34 and 114 of the Indian Penal Code.

3. Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned Additional Public Prosecutor appearing on behalf Page 1 of 3 Downloaded on : Fri Sep 23 22:09:26 IST 2022 R/CR.MA/16450/2022 ORDER DATED: 23/09/2022 of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

5. 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.

6. 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.

7. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being CR. No. 11190006220253 of 2022 registered with Ranpur Police Station, Dist: Botad 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 injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

Page 2 of 3 Downloaded on : Fri Sep 23 22:09:26 IST 2022

R/CR.MA/16450/2022 ORDER DATED: 23/09/2022 [d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; [e] 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 the learned Sessions Court concerned;

8. 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.

9. Rule is made absolute to the aforesaid extent.

10. This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.

(SAMIR J. DAVE,J) K. S. DARJI Page 3 of 3 Downloaded on : Fri Sep 23 22:09:26 IST 2022

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