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Riyankhan Sabirkhan Pathan vs State Of Gujarat

High Court Of Gujarat|02 May, 2016
[1] Mr.Nirav K.Padhiyar, learned advocate states that he has received instruction to appear on behalf of the original complainant. He is permitted to file his appearance on behalf of the original complainant.
[2] RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.
[3] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-31 of 2016 registered with Khed Brahma Police Station, Sabarkantha for the offences under Sections 366, 376(D), 342 and 506(2) of the Indian Penal Code.
[4] Learned advocate for the applicant submits that the matter is amicably settled between the complainant and the present applicant and now the complainant is not having any grievance against the Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed May 04 04:28:29 IST 2016 R/CR.MA/10403/2016 ORDER applicant. To this effect an affidavit is also filed by the original complainant wherein it is stated that she has no objection if the regular bail is granted since now the settlement is arrived between the deponent and the applicant with the intervention of elderly persons of the community. The said affidavit is placed on record by the learned advocate appearing on behalf of the complainant. The complainant is also present before the Court. Contents of the affidavit are admitted by her and she has also mentioned that she has filed this affidavit willingly without being influenced by any kind of pressure. Learned advocate for the parties have jointly prayed that the applicant may be enlarged on bail by suitable condition as may be deemed fit and proper by this Court.
[5] 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.
[6] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
[7] In view of the settlement arrived at between the parties and considering the nature of allegations made against the applicant in the FIR and substantial part of the investigation is over, I am of the opinion that discretion is required to be exercised in favour of the applicant 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-31 of 2016 registered with Khed Brahma Police Station, Sabarkantha on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;
every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[f] furnish latest and permanent address of 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;
[8] 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.
[9] Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.P.BHATT, J.) dharmendra Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed May 04 04:28:29 IST 2016
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