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Bhanuben vs State

High Court Of Gujarat|29 June, 2012
Rule.
Mr.Kodekar, learned APP appears and waives service of rule for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Khambhalia police station CR No.I-214 of 2011 for the offences punishable under Sections 465, 467, 468, 471, 120B of the IPC.
Mr.Dagli, learned advocate for the applicant - lady accused submitted that considering the role attributed to the applicant - lady accused in the FIR, so also considering the role attributed to the other accused persons, who have been released on bail by the Sessions Court as well as by this Court, and considering the bail orders annexed with this application, Annexure-D Colly., the application may be granted.
Mr.Kodekar, learned APP for the respondent - State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicant - lady accused in the FIR and the role attributed to the other co-accused persons, who have been released on bail by the Sessions Court as well as by this Court, this Court is of the opinion that the application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant - lady accused is ordered to be released on bail in connection with Khambhalia police station CR No.I-214 of 2011, 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 passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the trial Court concerned;
(e) furnish the present address of residence to the I.O. 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;
The Authorities will release the applicants only if not required in connection with any other offence for the time being.
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.
Bail bond to be executed before the lower court having jurisdiction to try the case.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top
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Title

Bhanuben vs State

Court

High Court Of Gujarat

JudgementDate
29 June, 2012