Jasuben W/o Popatbhai Somabhai Kharadi v. State of Gujarat
2017-12-07
G.R.UDHWANI
body2017
DigiLaw.ai
ORAL ORDER : G.R. UDHWANI, J. Heard learned advocate for the applicant and learned APP for the respondent-State. 2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 332, 336, 337, 341, 395, 397, 427, 186, 120B of the Indian Penal Code and under Section 125 of the G.P. Act for which FIR came to be registered at C.R. No. I-72 of 2017 with Vijaynagar Police Station. 3. Having considered the rival contentions and considering the nature of injuries attributed to the petitioner and the fact that the victim is stable and is out of danger after staying in the hospital for a period of 5 days, as also in absence of antecedents against the petitioner and in absence of apprehension against the petitioner tampering with the evidence or threating the witnesses or fleeing from trial, the case for admitting the petitioner to bail is made out, more particularly, in the light of the statement made by the learned counsel for the petitioner, under instructions, that the petitioner would file an undertaking with the court concerned on oath that she would make non-refundable deposit of a sum of Rs. 2,500/- with the District Legal Service Authority concerned and will produce the necessary evidence for having deposited the amount on the record of the case. 4. Hence, this application is allowed and applicant is ordered to be released on bail in connection with CR No. I-72 of 2017 registered with Vijaynagar Police Station on executing a bond of Rs.
2,500/- with the District Legal Service Authority concerned and will produce the necessary evidence for having deposited the amount on the record of the case. 4. Hence, this application is allowed and applicant is ordered to be released on bail in connection with CR No. I-72 of 2017 registered with Vijaynagar 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 liberty or misuse 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 territory of India without prior permission of the Sessions Judge concerned; (e) mark presence in the concerned police station once in a calendar month; (f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court; (g) the petitioner shall file an undertaking with the court concerned on oath that she shall make nonrefundable deposit of a sum of Rs. 2,500/- with the District Legal Service Authority concerned. The undertaking shall be complied with by the petitioner within one week from the date of the release of the petitioner as indicated by the learned counsel for the petitioner. 5. The competent authority will release the applicant only if she is not required in connection with any other offence for the time being. 6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 7. Bail bond to be executed before the lower court having jurisdiction to try the case. 8. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 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 made absolute to the aforesaid extent. Direct service is permitted.