This Application is preferred under Section 439 (2) CrPC challenging the order of learned Addl. Sessions Judge, Fast Track Court, Morbi, District-Rajkot in Criminal Misc. Application No. 66 of 2012 dated 18th February 2012.
Brief facts of this case are as follow -
The applicant is complainant of I-CR. No. 30 of 2012 registered with Morbi City Police Station, Morbi against the present respondent and his father both for the offences punishable under Sections 306, 376, 506 & 114 IPC.
Learned advocate Shri Goswami urges at this stage that he may not press for cancellation of the bail, however, he makes a request of adding conditions to the order of grant of bail by directing the respondent no.2 not to enter the area of residential premises of the victim as also the area of her work place.
Learned advocate Ms. Roopal R. Patel appearing for the respondent no. 2 ensures due compliance of these conditions; if directed by this Court.
Resultantly, this Criminal Misc. Application for cancellation of bail stands disposed of as not pressed on adding the following conditions laid down by the learned Addl. Sessions Judge at the time of releasing the accused on regular bail.
"The respondent no.2-accused shall not enter Village-Vaghpar of Taluka Morbi, District-Rajkot which is falling under the jurisdiction of Jetpur Police Station till the completion of trial in connection with complaint being I-C.R No. 30 of 2012 registered with Morbi City Police Station, Morbi."
In the event of any misconduct on the part of the respondent no.2, the prosecution shall be at liberty to move afresh for cancellation of his regular bail.
Criminal Misc. Application stands disposed of.
{Ms.
Sonia Gokani, J.} Prakash* Top