P. Motilemala @ Alamala W/o Imanual Onequei Augastin v. State of Gujarat
2016-09-02
P.P.BHATT
body2016
DigiLaw.ai
ORDER : P.P BHATT, J.: The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R No. I-41/2016 registered with DCB Police Station, Dist.: Ahmedabad for the offences punishable under Sections 406, 420, 465, 468, 471 and 120B of the Indian Penal Code. 2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. Learned advocate for the applicant submitted that the applicant is a young lady accused facing charge of offences punishable under Sections 406, 420, 465, 468, 471 and 120B of the Indian Penal Code. It is further submitted that the applicant is an innocent person, however, she has been falsely implicated in the alleged offences. It is further submitted that the applicant came to be arrested on 13.06.2016 by way of transit warrant and was produced before the concerned Competent Court at Ahmedabad. It is further submitted that the applicant was put to remand for a period of four days and thereafter, she was sent to the judicial custody. It is further submitted that there is no prima facie case against the present applicant for committing alleged offence and the applicant has been used as scape goat by other co-accused by entering illegal transaction and that is how she has been falsely implicated in the alleged offence. It is further submitted that the applicant is not having any criminal antecedent and ready and willing to abide by the terms and conditions that may be imposed by this Court. It is further submitted that substantial part of investigation is over and therefore, there is no possibility of tampering with the evidence. Learned counsel for the applicant, upon instructions received from his client, states that the applicant is ready and willing to deposit Rs. 1,25,000/-, at this stage, without prejudice to her rights and contentions, before the concerned Trial Court and she has no objection if the amount deposited by the applicant before the concerned Trial Court be disbursed in favour of the victim. Out of the said amount of Rs. 1,25,000/-, she will deposit Rs. 50,000/- within two weeks from the date of her release and remaining amount i.e Rs.
Out of the said amount of Rs. 1,25,000/-, she will deposit Rs. 50,000/- within two weeks from the date of her release and remaining amount i.e Rs. 75,000/- within four weeks thereafter Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, she may be enlarged on regular bail by imposing suitable conditions. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicant. Therefore, the present application may be rejected. 5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report and other chargesheet papers as also considering the fact that the applicant is ready and willing to deposit Rs. 1,25,000/-, at this stage, without prejudice to her rights and contentions, before the concerned Trial Court, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of bail as substantial part of investigation is over, therefore, now there is no possibility of tampering with the evidence. Moreover, the applicant assures that she will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R No. I-41/2016 registered with DCB Police Station, Dist.: Ahmedabad on her executing a personal bond of Rs.
Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R No. I-41/2016 registered with DCB Police Station, Dist.: Ahmedabad on her executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court, and subject to the following conditions, that the applicant shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution; (c) surrender passport, if any, to the lower court within a week; (d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned; (e) mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m and 2:00 p.m; (f) furnish latest and permanent address of residence to the Investigating Officer, and also to the Court at the time of execution of the bond, and shall not change the residence without prior permission of this Court; (g) not leave the Ahmedabad till the trial is over; (h) deposit Rs. 1,25,000/- before the concerned Trial Court in following manner: (i) Rs. 50,000/- within two weeks from the date of her release; (ii) Rs. 75,000/- within four weeks thereafter; The said deposited amount be disbursed in favour of the victim by account payee cheque after proper verification. If the above condition as volunteered by the applicant will not be followed or fulfilled, the bail granted in favour of the applicant shall stand automatically cancelled without any reference to the Court; 6. The authorities will release the applicant only if she is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned 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. 7. Rule is made absolute to the aforesaid extent. Direct service is permitted.