R/CR.MA/5645/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 5645 of 2017 ========================================================== AFRINBANU AKBARKHAN PATHAN....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ========================================================== Appearance: MR PARTHIV A BHATT, ADVOCATE for the Applicant(s) No. 1 MS MOXA THAKKAR APP for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE S.H.VORA Date : 06/03/2017 ORAL ORDER
1. Rule. Learned A.P.P. Ms.Moxa Thakkar waives service of
Rule on behalf of respondent-State.
2. Heard learned advocate for the applicant and learned
A.P.P. for the respondent – State.
3. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
being C.R.No.I-11 of 2017 registered with Aslali police station,
Ahmedabad (Rural) under Sections 498A, 306 and 114 of the
Indian Penal Code and Sections 3 and 7 of the Dowry
4. Considering the investigation papers supplied by the
Investigating Agency through the learned A.P.P., it appears
that there is no direct allegation against the present applicant
and further, the applicant being female accused, there is no
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likelihood of tampering with evidence and fleeing from justice.
It also appears that substantial investigation is over. Therefore,
present application deserves consideration.
5. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with C.R.No.I-11 of
2017 registered with Aslali police station, Ahmedabad (Rural)
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 the applicant
[a] not take undue advantage of liberty or misuse
[b] not act in a manner injuries to the interest of the
[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned,
as and when required for investigation purpose and
attend Court concerned regularly.
[e] furnish the present address of residence along with
the proof to the I.O. concerned and also to the Court
at the time of execution of the bond and shall not
change the residence without prior permission of
Sessions Court concerned;
6. The Authorities will release the applicant only if the
applicant is not required in connection with any other offence
for the time being. 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 bond to be executed
before the lower court having jurisdiction to try the case. It will
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be open for the concerned Court to delete, modify and/or relax
any of the above conditions 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.
7. Rule made absolute to the aforesaid extent. Direct
service is permitted.
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