Gujarat High Court Case Information System
Print
CR.MA/11062/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11062 of 2011
=========================================================
JIGNABEN
NAYANBHAI CHAUHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM LAKHANI for
Applicant(s) : 1,MRS RP LAKHANI for Applicant(s) : 1,MSNEELAKLAKHANI
for Applicant(s) : 1,MR RH RUPARELIYA for Applicant(s) : 1,MR. MANOJ
T DANAK for Applicant(s) : 1,
MS CM SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 07/10/2011
ORAL
ORDER
1. This
Application is filed by the applicant under
Section-438 Cr. P.C. in connection with CR No. I-166 of 2011
registered with Gorwa Police Station, Vadodar, for the offences
punishable under Sections-498-A, 207, 315 and 114 of the Indian Penal
Cod and Sections-3 and 7 of the Dowry Prohibition Act.
2. Learned
advocate appearing for applicant has contended from the papers, it
appears that presence of applicant-accused is not established and
looking to the role attributed to the applicant, it appears that
applicant is falsely implicated in the offence alleged against her
with ulterior motive, therefore, the applicant may be released on
bail.
3. Learned
APP has vehemently opposed this application. However, both the
learned advocates do not press for reasoned order.
4. Having
heard the learned Counsel for the parties, perusing the record and
considering the facts of the case, it appears that applicant-accused
is sister-in-law of the victim and falsely implicated in the offence
alleged against her. As there is no definite allegations made
against the applicant-accused, I am inclined to grant anticipatory
bail to the applicant-accused.
5. In
the result, this application is allowed by directing that in the
event of the applicant herein
being arrested pursuant CR No. I-166 of 2011, registered with
Gorwa Police Station, Vadodra the applicant shall be released on Bail
on her furnishing a Bond of Rs.10,000/- (Rupees ten thousand only)
with one surety of like amount on condition that –
a) she
shall co-operate with the investigation and make herself available
whenever required;
b) she
shall remain present before the Investigating Officer, Gorwa Police
Station, Vadodara, on 10th October, 2011
at 11.00 a.m.
c) she
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 them for disclosing such facts to the Court or to
any Police Officer;
d) At
the time of execution of Bond, she shall furnish her address to the
I.O. and the Court concerned and shall not change the residence till
the final disposal of the case or till further orders;
e) that
she will not leave India without the permission of the Court and, if
is holding a Passport, surrender the same before the trial Court
immediately;
f) It
would be open to the Investigating Officer to file an application
for remand, if 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;
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.
6. Learned
advocate for the applicant assured that applicant will appear before
concerned police station as per direction of this Court.
7. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,
J.)
(ila)
Top