Gujarat High Court
Nikunjkumar Ramanbhai Manat vs State Of Gujarat on 23 January, 2014
Author: Anant S. Dave
Bench: Anant S. Dave
R/CR.MA/19437/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 19437 of 2013
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NIKUNJKUMAR RAMANBHAI MANAT....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR DAIFRAZ HAVEWALLA, ADVOCATE for the Applicant(s) No. 1
Ms. Hansa Punani, APP,for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 23/01/2014 ORAL ORDER
This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I003 of 2013 with Isri police station, Dist: Sabarkantha, for the offences punishable under Sections 363, 366, 114 and 376 of the Indian Penal Code.
Learned counsel for the applicant submits that chargesheet is filed and investigation is over. Considering version of history given by the victim before the Medical Officer and the statement given subsequently, other attending circumstances, this application for bail may be considered.
The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence.
In the facts and circumstances of the case and considering the nature of allegations, version of history given by the victim before the Medical Officer and the statement given subsequently, other attending circumstances, and now the charge sheet is filed, without discussing the evidence in detail, prima facie, this Court is 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 Page 1 of 3 R/CR.MA/19437/2013 ORDER be released on bail in connection with first information report registered at C.R.No.I003 of 2013 with Isri police station, Dist: Sabarkantha, on his 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 i. not take undue advantage of his liberty or misuse his liberty;
ii. not act in a manner injuries to the interest of the prosecution;
iii.surrender his passport, if any, to the lower court within a week;
iv.not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
v. mark his presence at the concerned police station on the first Sunday of every month between 10 a.m. and 3 p.m for three months only;
vi.furnish the present address of his 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;
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. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(Anant S. Dave, J.)
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R/CR.MA/19437/2013 ORDER
(swamy)
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