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CR.MA/14720/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14720 of 2010
=========================================
NIKITABEN
W/O BHAVINBHAI UPADHYAY - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR SR SHARMA for Applicant(s) :
1,
Ms Krina Calla, Addl. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/12/2010
ORAL
ORDER
1.
This application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I-190 of 2010 with Rander Police Station for the offences
punishable under Sections 406, 420 and 114 of the Indian Penal Code.
2.
Learned Advocate for the applicant submits that the applicant is a
lady and was employed by the travel agency and at the most, the
allegations are of not providing the facilities to the
tourists/travellers as per the assurance and the amount was collected
by her. However, it is further submitted that the applicant had not
pocketed any amount on her own and considering the above aspects, the
application may be considered.
3.
Heard the learned APP for the State. She has vehemently opposed the
application and submitted that the applicant had collected the money
and therefore, she may not be enlarged on bail.
4. Having
heard learned counsel for the parties and perusing the record of the
case and considering the overall facts and circumstances and the role
attributed to the applicant-female employee, I am inclined to grant
Anticipatory Bail on imposing suitable conditions:
Learned counsel for the parties do not press for further reasoned
order.
5.
In the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to FIR being CR
No.I -190 of 2010 registered with Rander Police Station, the
applicant shall be released on bail on furnishing a bond of
Rs.5,000/- (Rupees Five Thousand only) with one surety of like amount
on following conditions :-
shall
cooperate with the investigation and make available for whenever
required;
shall
remain present at the concerned Police Station on 22.12.2010 at
11.00 a.m.;
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;
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 of till further
orders;
will
not leave India without the permission of the Court and, if is
holding a passport, shall surrender the same before the trial Court
within a week;
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;
this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
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.
With these directions, this Criminal Misc. Application is disposed
of. Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
msp
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