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Gujarat High Court · body

2017 DIGILAW 1531 (GUJ)

Sheetal Govindram Vaghani v. State of Gujarat

2017-09-04

SONIA GOKANI

body2017
ORDER : SONIA GOKANI, J. 1. The applicant herein has sought regular bail under Section 439 of the Code of Criminal Procedure in relation to the FIR being I-CR No. 65/17 dated 23.6.2017 registered with Vyara police station, Tapi for the offences punishable under sections 143, 323, 324, 343, 365, 395, 397, 506(2) of Indian Penal Code. 2. It is the case of the prosecution that the present applicant and co-accused Navin Khatik are doing business of money lending and money was lent to the complainant's son who lost the same in the business and for recovery of the money taken was made by both the accused. It is alleged that the complainant and others were illegally detained after kidnapping on 19th June to 22nd June 2017 and the allegations of forcible dispossession of valuable security also have been made by the complainant. 3. After due investigation the final report has been submitted under section 173(2) of the Code of Criminal Procedure. 4. Learned advocate appearing for the applicant has urged that the applicant is a woman and she has limited role attributed to her in the complaint. She was married just prior to the said incident and her entire life could be spoilt if she continues to be incarcerated till the trial is over. It is further urged that the some of the women co-accused has a already been granted regular bail. 5. Learned APP has strenuously objected to the grant of regular bail. She has urged that she was one of the partners and has main role to play. Moreover, she was the one who hired the car on that evening. 6. On hearing learned advocates for both the sides and also considering the materials on record, this Court notices that the present applicant is alleged to be one of the partners in the business with the co-accused who had allegedly lent money to the son of the complainant who lost the same and chose not to return the amount. 6. On hearing learned advocates for both the sides and also considering the materials on record, this Court notices that the present applicant is alleged to be one of the partners in the business with the co-accused who had allegedly lent money to the son of the complainant who lost the same and chose not to return the amount. However, considering essentially the fact that she is young woman and also considering her role in the entire papers and without dilating further any evidence, suffice it to note that procuring her presence at the time of trial may not be difficult as she has her roots in the State her case is required to be considered essentially bearing in mind her status of being a woman and the provision Code of Criminal Procedure. Bearing in mind the fact that most of the witnesses are from Tapi, Vyara she would be given limited access to the place till the time trial is completed in one of the conditions to be laid for her return. 7. Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with the FIR being I-C.R. No. 65/17 registered with Vyara Police Station on her executing a solvent surety of Rs. 25000/- (Rupees Twenty Five Thousand Only) with two solvent sureties 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 to try to tamper with the evidence or pressurize the prosecution witnesses or complainant in any manner. (c) not act in any manner injurious to the interest of the prosecution. (d) maintain law and order and should cooperate with the investigating agency. (e) furnish the present address of her matrimonial home to the Investigating Officer and also shall declare before this Court within one week one affidavit, which shall be also furnished to the trial Court at the time of execution of the bond and shall not change her residence without prior permission of this Court. I.O shall ascertain the corrections of her claim by getting the same verified through his contemporary at Mumbai. (f) surrender her passport, if any, to the trial Court, within a week from the date of her release. I.O shall ascertain the corrections of her claim by getting the same verified through his contemporary at Mumbai. (f) surrender her passport, if any, to the trial Court, within a week from the date of her release. (g) mark her presence before concerned Police Station 1st day of every English calender month between 11:00 AM and 2:00 PM for the period of one year. (h) shall not enter or contact any of the witnesses except for marking presence as well as at the time of trial or till all the witnesses are examined. (i) Investigating officer shall intimate the concerned officer at Mumbai and verify the details. (ii) She shall not enter Vyara, district Tapi except for making her presence and for attending to the sessions trial too examination of witnesses is over. 8. If breach of any of the above conditions is committed, the concerned trial court will be at liberty to issue warrant or take appropriate action in the matter. 9. Bail before the trial court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. 10. Rule is made absolute accordingly. 11. Direct service permitted.