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Bharat @ Lalo Devabhai Mer vs State Of

High Court Of Gujarat|18 September, 2013
1. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I- 48 of 2012 registered with B Division Police Station, District: Bhavnagar, for the offences punishable under Sections 365, 395, 397 & 342 of the Indian Penal Code and Section 135 of the Bombay Police Act.
2. Mr.N.D.Nanavati, learned Senior Counsel appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard learned advocates appearing on behalf of the respective parties and perused the papers of investigation and considered the statement of the prosecutrix. Following aspects are considered:
(i) delay in lodging the FIR;
(ii) conduct of the prosecutrix as well as her parents, who did not inform the Police about missing of their daughter;
FIR has been lodged by the friend of the prosecutrix, who is involved in the offence punishable u/s.376 of the IPC, in which, prosecutrix is also co-accused;
I have also gone through the statement of father of the prosecutrix, which has been recorded after a period of one month from the date of lodging of the FIR.
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 of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I 48 of 2012 registered with B Division Police Station, District: Bhavnagar, on executing a personal bond of Rs.25,000/- (Rupees Twenty five thousands) with one local 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 his 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 every Monday for three months and thereafter, on alternate Monday for a period of six months, between 10:00 a.m. and 2:00 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;
7. 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. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[A.J.DESAI,J.] *dipti Page 4 of 4
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