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Jyotsnaben vs State Of Gujarat on 1 December, 2017

R/CR.MA/28843/2017 ORDER



STATE OF GUJARAT….Respondent(s)

VISHAL K ANANDJIWALA, ADVOCATE for the Applicant(s) No. 1
MS CM SHAH APP for the Respondent(s) No. 1
MS AKSHITABA SOLANKI Advocate for original complainant


Date : 01/12/2017


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-118 of 2017 before Kalol
Police Station for the offence punishable under Sections
498A, 114 and 306 of Indian Penal Code.

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

3. Having considered the rival contentions, prima-facie it
appears that the allegations made against the petitioner
are general in nature and prosecutor may have a marathon
task to establish the cruelty within the meaning of

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R/CR.MA/28843/2017 ORDER

Section 498A of the Indian Penal Code. Under these
circumstances there does not appear to be any reasonable
ground for arresting the petitioner. The petitioner is,
therefore, entitled to be admitted to bail.

4. Learned advocate for the applicant on instructions
states that the applicant is ready and willing to abide by
all the conditions, including the conditions with regard
to the powers of Investigating Agency to seek remand of
the applicant; subject to the applicant’s right to oppose

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-118
of 2017 before Kalol Police Station, the applicant shall
be released on bail on her furnishing a personal bond of
Rs.10,000/- (Rupees ten thousands only) with one surety of
the like amount on the following conditions that he shall:

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

(b) remain present at the concerned Police Station on
06/12/2017 between 11.00 a.m. and 2.00 p.m.

(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 her 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

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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 intimate the change of address,
if any, to the court and I.O.

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

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.

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7. At the trial, the Trial Court shall not be influenced
by the primafacie observations made by this Court while
enlarging the applicant on bail. Rule is made is made
absolute. Direct service is permitted.


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