Shitalba Bhurubha Vaghela vs State Of Gujarat on 28 September, 2017

R/CR.MA/21970/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 21970 of
2017

SHITALBA BHURUBHA VAGHELA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR NITIN T GANDHI, ADVOCATE for the Applicant(s) No. 1
MR BN LIMBACHIA, ADVOCATE for the Respondent(s) No. 1
MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 28/09/2017

ORAL ORDER

1. This is an application by the applicant under Section 438 of
the Code of Criminal Procedure, 1973, for anticipatory bail in the
event of her arrest in connection with FIR registered at C.R. No.I-
75 of 2017 before Bopal Police Station for the offence punishable
under Sections 306, 498A, 323, 114 of the Indian Penal Code and
Sections 3 and 7 of the Dowry Prohibition Act.

2. Heard learned advocate for the applicant and learned APP
for the respondent State.

3. Considering the nature of accusations against the petitioner
and in absence of any apprehension of the petitioner tampering
with the evidence or threating the witnesses; fleeing from justice,

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the case for admitting the petitioner to anticipatory bail is made
out.

4. Learned advocate for the applicant on instructions states that
the applicant is ready and willing to abide by all the conditions,
including impositions of conditions with regard to the powers of
Investigating Agency to file an application before the competent
court for her remand. He would further submit that upon filing of
such application by the Investigating Agency, the right of applicant
accused to oppose such application on merits may be kept open.

5. In the result, this application is allowed. It is directed that in the
event of arrest of the applicant herein in connection with FIR
registered at C.R. No.I-75 of 2017 at Bopal Police Station, the
applicant shall be released on bail on her furnishing a personal
bond of Rs.10,000/- (Rupees ten thousand only) with one surety of
the like amount on the following conditions that she shall:

(a) cooperate with the investigation and make herself
available for interrogation whenever required;

(b) remain present at the concerned Police Station on
06/10/2017 between 11.00 a.m. and 2.00 p.m. and
mark her presence with the concerned police station
twice a week;

(c) not directly or indirectly make any inducement,
threat or promise to any person acquainted with the
fact of the case so as to dissuade him from disclosing
such facts to the court or to any police officer;

(d) not obstruct or hamper the police investigation
and not to play mischief with the evidence collected or
yet to be collected by the police;

(e) at the time of execution of bond, furnish the address
to the investigating officer and the court concerned and
shall not change her residence till the final disposal of
the case till further orders;

(f) not leave India without the permission of the Court
and if having passport, shall deposit the same before

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R/CR.MA/21970/2017 ORDER

the Trial Court within a week; and

(g) it would be open to the Investigating Officer to file
an application for remand if he considers it proper and
just and the learned Magistrate would decide the same
on merits;

6. 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.

7. At the trial, the Trial Court shall not be influenced by the prima-
facie observations made by this Court while enlarging the applicant
on bail. Rule is made is made absolute.

Direct service is permitted.

(G.R.UDHWANI, J.)
syed/

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