The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Deesa police station, Dist.Banaskantha C.R.No.I-2 of 2012 for the offences punishable under Sections 465, 468, 489, 171(g), 506(2) and 120B of the IPC.
Mr.Popat, learned advocate for the applicant, at the outset, took me through the relevant part of the FIR and submitted that the FIR came to be lodged after 90 days and it is delayed FIR. He took me through the relevant recitals of the FIR and submitted that considering the facts and circumstances of the case, and the nature of accusations against the applicant - lady accused, this application may be allowed.
Heard Mr.Pandya, learned APP for the respondent - State.
Having considered the submissions advanced on behalf of both the sides, so also considering the FIR and the role attributed to the applicant - accused and considering the facts and circumstances of the case, 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 is ordered to be released on bail in connection with Deesa police station, Dist.Banaskantha C.R.No.I-2 of 2012, 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 applicant 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