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CR.MA/1142520/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11425 of
2008
=========================================================
VASANTIBEN
W/O KANJIBHAI PURABIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Applicant(s) : 1,MS BELA A PRAJAPATI for Applicant(s) : 1,
MR SP
HASURKAR ASST. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 07/10/2008
ORAL
ORDER
1. RULE.
Mr. Hasurkar, learned APP waives the service of rule on behalf of
respondent-State.
2. Heard,
Mr. Mangukia, learned Counsel for the applicant-accused and Mr.
Hasurkar, learned APP on behalf of respondent-State.
3. This
application for anticipatory bail has been preferred by the applicant
apprehending her arrest in connection with F.I.R. being C.R.-I No.270
of 2008 which has been registered with Sola Police Station, Ahmedabad
for the alleged commission of offences punishable under Section 376,
342, 114, 506(2) of the I.P.C. as well as Section 135(1) of the
Bombay Police Act.
4. In
light of the submissions made and the facts emerging from the set of
papers of investigation tendered before the Court and the fact that
the only allegation against the present applicant is that she had
abetted the other accused persons in committing the aforesaid
offences as well as the manner in which the incident in question took
place, prima facie there appears to be no involvement of the
petitioner-accused, and hence, the application deserves to be allowed
and is allowed.
5. In
the event of arrest of the applicant in connection with C.R.-I No.270
of 2008 of Sola Police Station, Ahmedabad, she shall be released on
bail in respect of offence/s alleged against her in the aforesaid
complaint, on her executing a bond of Rs.5,000/-(Rupees Five Thousand
Only) with one surety of the like amount, by the concerned police
officer and on condition that she shall;
(a) remain
present before the trial Court regularly as and when directed on the
dates fixed,
(b) make
herself available for interrogation by a police officer, whenever and
wherever required,
(c) not
directly or indirectly make any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade from
disclosing such facts to the Court or to any police officer,
(d)
not to obstruct or hamper the police investigation and not to play
mischief with the evidence collected or yet to be collected by the
police,
(e) at
the time of execution of bond, furnish the residential address to the
Investigating Officer and the Court concerned and shall not change
her residence till the final disposal of the case or till further
orders,
(f) not
leave India without the permission of the Court and if having
passport, shall deposit the same before the trial Court within a
week.
6. It
would be open to the Investigating Officer to file an application for
remand, if he considers it proper and just, and the concerned
Magistrate would decide it on merits.
7. This
order will hold good if the applicant is arrested any time time
within 90 days from today. This order of released on bail will
remain operative only for a period of ten days from the date of his
arrest. Thereafter, it will be open to the applicant to make a fresh
application for being enlarged on bail in usual course which when it
comes before the competent Court, will be disposed of in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time, uninfluenced by the fact
that anticipatory bail was granted.
8. Rule
is made absolute. Direct service is permitted.
(M.D.
Shah,J.)
Umesh/
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