Rule.
Learned APP waives service of rule.
Learned counsel appearing for the applicant submits that the applicant is a female accused, who was enlarged on anticipatory bail in connection with CR No.15 of 2011 for the offences punishable under sections 306 and 34 of the Indian Penal Code. The FIR in question is for the offence punishable under section 409 of the IPC to implicate the applicant in connection with the earlier incident vide CR No.I-15 of 2011. It is further submitted that the applicant has roots in the society, will not flee from justice and by imposing suitable conditions, the applicant may be enlarged on bail.
Heard learned APP for the respondent - State.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences coupled with the fact that charge sheet is filed, without discussing the evidence in detail, at this stage, I am inclined to enlarge the applicant on bail in connection with C.R.No.I-16/2011 of Rapar Police Station, District Kutch for the offences punishable under sections 409 of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m .
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
Bail before the Lower Court having jurisdiction to try the case.
Rule is made absolute. Direct service is permitted.
[Anant S. Dave, J.] *pvv Top