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CR.MA/13830/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13830 of 2009
=========================================================
RUKHABEN
KURAJI @ KUVARAJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
RG CHHARA for
Applicant(s) : 1,MR VIJAY H NANGESH for Applicant(s) : 1,
MS.
KRINA CALLA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/01/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant for regular bail, who came to be
arrested in connection with F.I.R. registered as C.R. No. I-82 of
2009 with Deodar Police Station for the offence punishable under
Sections 302, 306, 498-A, 323 and 114 of the Indian Penal Code.
2. Learned
Advocate for the applicant submitted that the applicant is an
innocent person and she is nowhere involved in the alleged commission
of offence and she has been falsely implicated in the alleged offence
punishable under Sections 302, 306, 498-A, 323 and 114 of the Indian
Penal Code. Learned advocate further submitted that the applicant is
not the main culprit, who has committed the alleged offence.
Considering the role attributed to the applicant and reflected in the
F.I.R. at Annexure-A to the application, the applicant deserves to be
enlarged on bail.
3. The
learned A.P.P. Ms. Krina Calla, representing the State while opposing
the bail application, submitted that the applicant is involved in a
serious offence which is punishable under Sections 302, 306, 498-A,
323 and 114 of the Indian Penal Code, no lenient view is taken into
the matter by this Court and the application deserves to be
dismissed.
4. I
have heard learned Advocate Mr. R.G. Chhara appearing for the
applicant and learned A.P.P. Ms. Krina Calla appearing for the State
at length and in great detail. I have also considered the averments
made in the application, the role attributed to the applicant and
reflected in F.I.R. at Annexure-A to the application, provisions of
Sections 302, 306, 498-A, 323 and 114 of the Indian Penal Code and
quantum of punishment etc. Considering the same, I am of the view
that the applicant deserves to be enlarged on bail without discussing
the evidence in detail.
5. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with C.R. No. I-82 of 2009 registered at Deodar Police Station on
executing a bond of Rs. 10,000/- (Rupees ten thousand only) with one
surety of the like amount to the satisfaction of the Trial Court and
subject to the conditions that she shall:
(a) not
take undue advantage of her liberty or abuse her liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
her passport, if any, to the lower court within a week.
(d) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) mark
her presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
(f) furnish
the present address of her residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change her
residence without prior permission of this Court;
(g) maintain
law and order.
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. At
the trial, the Trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
9. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.ANTANI,J.)
Shekhar
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