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Ratniben vs State Of Gujarat on 17 July, 2017

R/CR.MA/17649/2017 ORDER



STATE OF GUJARAT….Respondent(s)

DHWANI P LAKHANI, ADVOCATE for the Applicant(s) No. 1
MR PM LAKHANI, ADVOCATE for the Applicant(s) No. 1
MRS R P LAKHANI, ADVOCATE for the Applicant(s) No. 1
MR. L.R. PUJARI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1


Date : 17/07/2017


1. Rule. Learned APP waives service.

2. This application is filed seeking bail under Section
438 of the Code of Criminal Procedure, 1973 in respect of the
offence punishable under Section 302 of the Indian Penal Code
for which FIR being C.R. No. I-33 of 2017 came to be
registered with Tharad Police Station, Dist. Banaskantha.

3. Learned advocate appearing on behalf of the
applicant would submit that considering the nature of offence,
the applicant may be enlarged on anticipatory bail by imposing
suitable conditions.

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R/CR.MA/17649/2017 ORDER

4. On the other hand, the learned APP appearing for
the respondent-State has opposed this application to the
nature and gravity of the offence.

5. This Court has heard the learned advocates appearing for
the respective parties and perused the investigation papers.
The applicant is alleged to have attempted suicide with 11
year old girl by jumping into a canal. She was saved
bystanders but unfortunately, the girl could not be saved. The
applicant is, therefore, charged with offence under section 302
of the IPC. It is the applicant’s case that earlier she had lodged
complaint against her in-laws and husband alleging offence
under section 498A as well as section 307 of the IPC which is
pending trial. It is submitted that she was forced to settle the
case and in absence of settlement she was threatened of
death. It is submitted that because of this fact, she attempted

6. 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.

7. Having regard to the peculiar facts and
circumstances of the case, this court is inclined to exercise the
powers under section 438 of the Cr. P.C. In the result, this
application is allowed. It is directed that in the event of arrest

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of the applicant herein in connection with FIR being C.R. No. I-
33 of 2017 registered with Tharad Police Station, Dist.
Banaskantha, 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 she shall:

(a) cooperate with the investigation and make
himself available for interrogation whenever

(b) remain present at the concerned Police Station
on 20.7.2017 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 him/them from
disclosing such facts to the court or to any police

(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 the Trial Court within a week; and

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(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;

8. 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.

9. 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

Direct service is permitted.


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