RULE.
Mr. Shah, learned APP appears and waives service of rule for the respondent - State.
The instant application is filed under section 438 of the Criminal Procedure Code seeking anticipatory bail in connection with the complaint being C.R. No. I-45 of 2012 registered with Bopal Police Station for the alleged offences punishable under Sections 392, 323, 504, 506[2] and 114 of the IPC.
Mr.
Patel, Ld. Advocate for the applicant lady submitted that considering the FIR, as it stands, and the role attributed to the lady accused, so also considering the fact that the complainant and all the accused persons including the lady applicant in this matter, are close relatives and it is further submitted that the applicant lady accused shall cooperative the Investigating Officer in the investigation and, therefore, it is requested that the application may be granted.
Mr.
Shah, Ld. APP for the respondent - State opposed this application.
Having considered the submissions advanced by both the sides, so also considering the role attributed to the applicant and the fact that the complainant and the accused persons including lady applicant accused are close relatives, the application deserves to be granted.
This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 694, wherein, the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibia & Ors. reported in (1980)2 SC 565.
Learned counsel for the parties do not press for further reasoned order.
In the result, this application is allowed by directing that in the event of the applicant being arrested pursuant to FIR being C.R. No. I-45 of 2012 registered with Bopal Police Station, the applicant shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount on following conditions :
(a) she shall cooperate with the investigation and make herself available for interrogation whenever required;
(b) she shall remain present at concerned Police Station on 25-06-2012 between 11.00 a.m. and 2.00 p.m;
(c) she shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade from disclosing such facts to the Court or to any Police Officer;
(d) she shall at the time of execution of bond, furnish address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
(e) she shall not leave India without the permission of the Court and if holding a Passport, shall surrender the same before the Trial Court immediately;
(f) It would be open to the Investigating Officer to file an application for remand if he considers it just and proper and the concerned Magistrate would decide it on merits.
(g) Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if ultimately granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.
6. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[J.C.
UPADHYAYA, J.] * Pansala.
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