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CR.MA/12223/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12223 of
2010
=========================================================
BIPINBHAI
VRAJLAL RAVAL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YV VAGHELA for
Applicant(s) : 1 - 2.
MS MANISHA SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 20/10/2010
ORAL ORDER
The
present application has been filed by the applicants under Section
438 of the Code of Criminal Procedure, 1973 for the grant of
anticipatory bail in connection with I-C.R.No.50/2010 registered
with Chapi Police Station for the offences punishable under Sections
306, 498(A) and 114 of Indian Penal Code.
Learned
advocate, Mr.Y.V.Vaghela for the applicants-accused referred to the
First Information Report and submitted that the allegations are made
against the applicants who are brother-in-law and his wife who are
residing separately. He further submitted that span of marriage life
is about 11 years and therefore considering the role attributed and
the circumstances, present application may be allowed as in fact the
alleged offence under section 306 of IPC would not be attracted.
Learned
A.P.P., Ms.Manisha Shah for the respondent-State resisted the
application and submitted that two days earlier, quarrel took place
for which applicant had filed complaint before the police that has
perhaps led to the incident in question.
Having
heard Mr.Y.V.Vaghela for applicants and Ms.Manisha Shah, learned APP
and having considered the nature of offence, manner in which it is
alleged to have been committed, role attributed and also the
guidelines with regard to exercise of discretion under section 438
of Cr.P.C., present application deserves to be allowed.
Accordingly,
the present application is allowed. The applicants are ordered to be
released on bail in the event of their arrest in connection with
I-C.R.No.50/2010 registered with Chapi Police Station in respect of
the offence alleged against them on their executing bond of
Rs.5,000/- (Rupees Five thousand only) each with one solvent surety
each of the like amount, by them, by the concerned Police Officer
and on conditions that they shall;
a) remain present before the trial Court regularly as and when directed on the dates fixed;
b) remain present at the concerned Police Station on 25.10.2010 between 11.00 a.m. and 4.00 p.m;
c) make themselves available for interrogation by Police Officer between 11:00 a.m. to 05:00 p.m. – before sunset;
d) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
e) 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;
f) at the time of execution of bond, furnish her address to the Investigating Officer and the Courts concerned, and shall not change her residence till the final disposal of the case or till further orders;
g) not leave India without the permission of the Court and if having Passport, shall deposit the same before the trial Court within a week;
h) It
should be open to the Investigating Officer to file an application
for remand if he considers it proper and just; and the learned
Magistrate would decide it on merits.
This
order will hold good if the applicant is arrested at any time within
90 days from today. The order for release on bail will remain
operative only for a period of ten days from the date of her arrest,
during which it will be open to the applicant to make 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.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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