Gujarat High Court
Thakore Ramesh @ Ramo Devaji Manaji vs State Of Gujarat on 3 July, 2017
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/CR.MA/15063/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 15063 of 2017
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THAKORE RAMESH @ RAMO DEVAJI MANAJI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MAZHARHUSAIN M BEG, ADVOCATE for the Applicant(s) No. 1
MR SM CHUDASAMA, ADVOCATE for the Applicant(s) No. 1
MR. L.R. PUJARI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 03/07/2017
ORAL ORDER
1. RULE. Learned APP waives service of Rule on behalf of the respondent-State.
2. Heard learned advocate, for the applicant and learned APP, for the respondent-State.
3. This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with the I-CR No.36 of 2017 registered with Langhaj Police Station, Mehsana for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code, and Sections 4, 5 and 7 of the Protection of Children Act.
4. Looking to the statement of the prosecutrix, prima facie, the case of kidnapping is not made out. Hence, the application deserves consideration.
5. Hence, the application is allowed and applicant is ordered to be released on bail in connection with I-CR No.36 of 2017 Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Jul 04 02:19:59 IST 2017 R/CR.MA/15063/2017 ORDER registered with Langhaj Police Station, Mehsana 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 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.
[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;
5.1 The competent authority will release the applicant only if he is not required in connection with any other offence for the time being.
5.2 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
5.3 Bail bond to be executed before the lower court having jurisdiction to try the case.
5.4 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 5.5 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 made absolute to the aforesaid extent. Direct service is permitted.
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