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CR.MA/761/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 761 of
2011
=========================================================
CHANCHIBEN
BHUDRAJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MEHUL H RATHOD for
Applicant(s) : 1,
MR JK SHAH, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/01/2011
ORAL
ORDER
RULE.
Learned APP, waives service of notice of rule on behalf of the
respondent-State.
1. The
petitioner, by way of this petition, seeks anticipatory bail in
connection with the complaint, bearing C.R. No. I-39/10, filed before
Bhildi Police Station, District : Banaskantha for the offences
punishable under Sections-363, 366, 376, 506(2)and 114 of the Indian
Penal Code.
2. The
learned
Counsel for the petitioner submitted that the petitioner is a lady.
Even as per the allegations made in the complaint, she has no direct
role to play. The only role attributed to the petitioner, in the
complaint, is that of being present at the scene of incident, when
the daughter of the complainant was allegedly taken away, in a
vehicle, by the son of the present petitioner.
3. I
have perused the contents of the complaint, prima
facie,
considering the role attributed to the petitioner and also the fact
that the petitioner has no criminal antecedents, it is
ordered that in the event of arrest of the petitioner, in connection
with C.R. No. I-39/10, filed before Bhildi Police
Station, District : Banaskantha, she shall be
RELEASED on anticipatory bail, upon furnishing bond of
Rs. 10,000/-(Rupees Ten Thousand) with one surety of
the like amount, to the satisfaction of the lower Court and subject
to the conditions that she,
[A] shall
COOPERATE with the investigation and make himself
available for interrogation whenever required;
[B] shall
remain PRESENT at the concerned Police Station on 28th
January, 2011, between 11:00 a.m. to 2:00
p.m.;
[C] shall
NOT hamper the investigation in any manner nor shall
directly or indirectly make any inducement, threat or promise to any
witness so as to dissuade him from disclosing such facts to the Court
or to any Police Officer;
[D] shall,
at the time of EXECUTION of bond, furnish
the ADDRESS to the Investigating Officer and the Court
concerned and shall NOT CHANGE the residence till the
final disposal of the case or till further orders;
[E]
WILL NOT leave INDIA without the prior
permission of the Court and, if is holding a PASSPORT,
shall SURRENDER the same before the trial Court
immediately;
[F] It
would be open to the Investigating Officer to file an application for
REMAND, if he considers it just and proper and the
concerned Magistrate would decide it on merits;
[G] This
order will be operative if the applicant is arrested, at any time,
within a period of 90 days from, TODAY;
[H] Within
a period of TEN DAYS from the date of arrest, the
applicant shall apply for REGULAR BAIL which
application shall be decided by the competent Court in accordance
with law WITHOUT being INFLUENCED by the
fact that anticipatory bail was granted.
4. Rule
is made absolute. Direct service is permitted.
(AKIL
KURESHI, J.)
Umesh/
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