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CR.MA/9842/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9842 of 2010
=========================================================
RAJESHBHAI
MANUBHAI SALARIYA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MEHUL SHARAD SHAH for
Applicant(s) : 1 - 2.
MR HL JANI, APP for Respondent MR SATYAN
RAVAL for
complainant,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/08/2010
ORAL
ORDER
Rule.
Learned APP waives service of Rule on behalf of the respondent
State. This Application is filed by the applicants under Section 438
Cr. P.C. for anticipatory bail in connection with Inquiry Case No.
52 of 2010 in the Court of Chief Judicial Magistrate, Surendranagar
and M. Case No. 1 of 2010 before Surendranagar City Police Station,
for the offences under Sections 498-A, 406, 420, 468 of I.P. Code
and Sections 2, 4 & 7 of the Dowry Prohibition Act.
Heard
learned Counsel for the parties and perused the papers produced
before me. Learned Advocate for the applicants has contended that
the complainant and her family members are in habit of filing false
complaint. It is contended that the sister of the complainant has
filed similar kind of complaint against her in-laws only after one
month of her marriage. Learned APP for the respondent has
vehemently opposed this application. Learned Counsel appearing for
the original complainant has contended that looking to the
allegations made in the FIR this is not a fit case to grant
anticipatory bail to the applicants.
Having
heard the learned Counsel for the parties and perusing the record
and considering the arguments advanced by the learned Counsel for
the parties, I am of the opinion that this is a fit case to grant
anticipatory bail to the applicants.
In
the result, this Application is allowed by directing that in the
event of the applicants herein being arrested pursuant to Inquiry
Case No. 52 of 2010 in the Court of Chief Judicial Magistrate,
Surendranagar and M. Case No.1 of 2010 before Surendranagar City
Police station, the applicants shall be released on Bail on
executing a Personal Bond of Rs.10,000/- (Rupees ten thousand only)
each with one surety of like amount on condition that-
a) they
shall co-operate with the investigation and make themselves available
whenever required;
b) they
shall appear before the concerned Police Station, on 30th
August, 2010 between 11.00 am and 2.00 pm.
c) they
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, he shall furnish his 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
they will not leave India without the permission of the Court and, if
he 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 he considers it just and proper and the concerned
Magistrate would decide it on merits;
g) this
order will be operative if the applicants are arrested at any time
within a period of 90 days;
h) within
a period of ten days from the date of arrest, the applicants 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.
8. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,J.)
sas
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