Meenaben W/o Grijesh Chandrabhan Yadav v. State of Gujarat
2017-10-03
SONIA GOKANI
body2017
DigiLaw.ai
ORDER : SONIA GOKANI, J. 1. Application for regular bail under Section 439 of Code of Criminal Procedure has been filed by the applicant in connection with CR. No. I-70 of 2017 registered with Umargam police station, District: Valsad for the offences punishable under Sections 307, 452, 323 and 114 of the Indian Penal Code and section 135 of the Gujarat Police Act. 2. According to learned advocate Mr. Rushabh R. Shah role of the applicant is nowhere stated nor has she any involvement. The injured is out of danger and has been discharged on medical advise. He further has urged that as her two daughters aged 3.5 years and 2 years respectively are young, the applicant has to look after them. The applicant and her daughters are in the jail presently. He further has urged that the charge-sheet is filed and no purpose is likely to be served incarcerating the applicant. 3. It is objected to by the learned Additional Public Prosecutor for respondent No. 1-State appearing for the State. It is the case of the prosecution that due to old enmity, the applicant and her husband have beaten Monu Yadav, who also was given a blow with the wooden batten on his head and eventually the First Information Report came to be lodged being C.R No. I-70 of 2017 with Umargam police station, District: Valsad for the offences punishable under sections referred to hereinabove. 4. In wake of the discharge of the injured from the hospital and with his leading a normal life, the applicant being woman with two kids respectively aged 3 ½ and 2 years in the jail with her, without entering into any other aspects, this Court is inclined to grant regular bail to her. 5. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR. No. I-70 of 2017 registered with Umargam police station, District: Valsad, on furnishing a solvent surety of Rs.
5. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR. No. I-70 of 2017 registered with Umargam police station, District: Valsad, on furnishing a solvent surety of Rs. 20,000/- (Rupees Twenty Thousand only) with another solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he 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 India without prior permission of the Sessions Judge concerned; (e) mark presence before the concerned police station on the 5th of every English Calender month between 11.00 a.m and 2.00 p.m; (f) furnish the present 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; 6. The Authorities will release the applicant only if not required in connection with any other offence for the time being. 7. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter, including cancellation of bail. 8. Bail bond to be executed before the lower court having jurisdiction to try the case. 9. 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. 10. Rule is made absolute to the aforesaid extent. D.S Permitted.