RAMESHBHAI NAJABHAI BARAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As per the report of the Judicial Magistrate, First Class, Maliya Hatina, the charges against the accused were framed on 2/8/2016. The applicant as a complainant is before this Court for cancellation of the bail alleging that there has been breach of condition, where the accused were ordered, not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the court or to any police officer and the condition directing respondent no.2, not to enter the limits of village Chatorda Tal: Prabhash Patan, Dist: Junagadh till trial is over and shall mark his presence before the concerned police station on any day of first week of alternative English calendar month till the trial is over and shall also attend the sessions court.

(2.) The applicant has come up with the case for cancellation of bail stating that the trial of the case is going on and the examination of witnesses have started, and it has come to the knowledge of the applicant that respondent no.2 has again violated the condition imposed by the Court and not marked his presence for single time before the concerned police station. The Information was sought under R.T.I, on the reply received from Chorvad Police Station. The fact was brought to the notice of the police. The application for cancellation of bail was preferred by State, and by an order dtd. 6/3/2023, the same came to be rejected. Being aggrieved and dissatisfied with the said order, the complainant is before this Court.

(3.) The application preferred by the State for cancellation of bail has been rejected by an order dtd. 6/3/2023, as there was no sufficient evidence from police. When the trial has already begun, witnesses were examined, on framing of charge on 2/8/2016, the accused would be before the concerned Court and on framing of charge, a cognizance would be taken by the court concerned.