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Kishanbhai vs State

High Court Of Gujarat|18 November, 2010


1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered at C.R.No.I - 22 of 2010 with Khedbrahma Police Station, for the offences punishable under Sections 363, 376, 365, 502 (2) and 114 of the Indian Penal Code.
Heard the learned Advocates for the parties.
2. Mr J K Parmar, learned Advocate appearing for the applicant submits that the the victim had love affair with the applicant and she had voluntarily gone with the applicant. The learned Advocate further submits that considering the medical certificate of examination of the victim and other attending circumstances and when the charge sheet is filed, the accused may be released on bail.
3. Heard the learned Advocate for the applicant and the learned APP at length and in great detail. Having heard the learned Advocates for the parties and perusing the record of the case and looking to the facts of the case, I am inclined to enlarge the applicant on bail.
4. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with the First Information Report registered as CR No. I - 22 of 2010 with Khedbrahma Police Station, for the offences punishable under Sections 363, 376, 365, 502 (2) and 114 of the Indian Penal Code 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 his liberty or abuse his liberty;
[b] not act in a manner injurious 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 the prior permission of the Sessions court concerned;
[e] mark his presence at the concerned Police Station on any day of every first week of English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
[f] 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 his residence without prior permission of this Court;
[g] maintain law and order.
[h] The authorities will release the applicant only if he is not required in connection with any other offence for the time being.
[I] If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
4. Bail bond to be executed before the lower Court having jurisdiction to try the case.
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 is made absolute to the aforesaid extent. Direct Service is permitted.
[ ANANT S. DAVE, J. ] msp Top
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Kishanbhai vs State


High Court Of Gujarat

18 November, 2010