RAJUBHAI JAYANTIBHAI BHAGORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. L.B.Dabhi, learned APP waives service of notice of Rule on behalf of respondentState.

(2.) THIS application is filed under Section 439 of the Code of Criminal Procedure Code for regular bail in connection with F.I.R. registered at C.R. No. I 23 of 2012 with Santrampur Police Station, Panchmahal for the offences punishable under Sections 376, 363 and 366 of the IPC.

(3.) I have heard learned advocate appearing for the parties. Considering the date of offence i.e. 7.12.2011, the fact that the prosecutrix is residing with the present applicant for more than one year and is pregnant and is now more than 16 years old. Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am 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 be released on bail in connection with C.R. No. I 23 of 2012 with Santrampur Police Station, Panchmahal 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 injuries to the interest of the prosecution; [c] surrender 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 presence at the concerned police station on alternative Monday for a period of three months and thereafter, on first Monday of the month till the trial is over.; [f] furnish the present address of 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;