Radhaben Patel vs State of Gujarat

A.L. Dave, J.—Heard learned advocate for the applicant and learned Additional Public Prosecutor for the State.

Following aspects are considered:

(1) The applicant is facing charges for offences punishable under Sections 376 and 114 of I. P. C.

(2) Investigation is over and charge sheet is filed.

(3) The Statement of the prosecutrix and the history given by her before the Medical Officer are same.

(4) The medical certificate indicates that the hymen was intact.

(5) The applicant is a lady.

(6) The complaint is lodged after a prolonged period of about three years.

Considering the above aspects, the application deserves to be allowed.

The application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No. I-44 of 2006 of Satellite Police Station on her executing a bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that she shall

(a) not take undue advantage of her liberty or abuse her liberty;

(b) not act in a manner injurious to the interest of the prosecution;

(c) maintain law and order;

(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

(e) furnish the address of her residence at the time of execution of the bond and shall not change the residence without prior permission of this Court.

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.

Bail before the Lower Court having jurisdiction to try the case.

Rule is made absolute.

Direct service is permitted.