1. Counsel for the petitioner submitted that name of the petitioner was not stated in the FIR. The trial court has, after filing of the charge-sheet, also framed charge. Insofar as the present petitioner is concerned, the only charge is for offence punishable under the provisions of Sections 4, 5, 6 and 9 of the Immoral Traffic (Prevention) Act, 1956. The maximum punishment for which prescribed under the law is 7 years imprisonment. Counsel further submitted that the petitioner is a lady and she has no criminal antecedents.
2. Considering the above aspects of the matter, I am of the opinion that petitioner is required to be granted bail. Petitioner is ordered to be released on bail in connection with Crime Register No.II-3092 of 2010 of Chotila Police Station, Surendranagar on her executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that she shall;
a) not take undue advantage of her liberty or abuse her liberty;
b) not act in a manner injurious to the interest of the prosecution;
c) maintain law and order;
d) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
f) furnish the address of her residence at the time of execution of the bond and will not change the residence without prior permission of this Court;
g) surrender her passport, if any, to the lower Court immediately.
3. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
4. Bail before the lower Court having jurisdiction to try the case.
5. Rule is made absolute. Direct Service is permitted.
(AKIL KURESHI, J.) (vipul) Top