1. Application under Section 439 of the Code of Criminal Procedure for regular bail after chargesheet is preferred by an undertrial in connection with CR.No.I-161 of 2012 registered with Sardarnagar police station for the offences punishable under Sections 406,420,467,468,469,471 and 120-B of the Indian Penal Code and Section 12 of the Indian Passport Act.
2. It is alleged in the FIR that the applicant is an Afghan national, who travelled to India during the Afghan war and continued to stay and delivered a son, who is also co-accused in the instant case. Applicant is alleged of getting forged Indian Passport for travelling to Germany through Italy and was caught at Ahmedabad International Airport.
3. Learned advocate Mr. Dave for the applicant urged that she is a lady, who travelled to India on a valid VISA and on Afghan Passport in the year 1992. She has a valid Residential Permit duly granted by Deputy Commissioner of Police, Foreigner Registration Officer, Faridabad, a copy of which is given along with this memo of application.
4. It is the say of the applicant that she has no role in any of the alleged offences and she is a mother of 19 year old son, who is also to be looked after, as they have no other family members. He further urged that the strictest conditions be imposed. However, she may be released considering the above aspects.
5. Learned Additional Public Prosecutor has pointed out that some of the provisions of Foreign Nationals Act have been employed and report to that effect has been made to the learned Judicial Magistrate First Class. It is further urged that she needs to mark her presence in Faridabad town police station considering the fact that investigation is over.
6. Keeping in mind all the submissions of both the sides, and particularly, because she is a lady, who has a son of 19 years and has no other family members, this Court is inclined to consider her regular bail. Accused are alleged of creating passport for travelling, considering her status, the role attributed to her as also by imposing stricter conditions, this requires consideration.
7. 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-161 of 2012 registered with Sardarnagar police station, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local surety of 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 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 Faridabad Town police station on the 5th of every English Calender month between 11.00 a.m. and 3.00 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;
8. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
9. 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.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. 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.
12. Registry shall send a copy of this order to the Deputy Commissioner of Police, Foreigner Registration Officer, Faridabad for him to take note of this case as also for intimating to all concerned officials.
13. Immigration Department shall intimate to all Regional Passport Offices for lookout warrant to ensure no repetition of offence of such nature is committed.
14. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(Ms.Sonia Gokani, J.) sudhir Top