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Judgment
Ashutosh J. Shastri, J
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being
C.R.No.11204021200575 of 2020 registered with Dakor Police Station, District â€" Kheda for offence under Sections 406, 420, 494, 495 and 114 of
the IPC.
Mr.Tejas P. Satta, learned advocate for the applicant, has submitted that the applicant is an innocent person and has wrongly been arraigned in the
prosecution. Furthermore, the applicant is a lady accused having infant child aged about 10 months and as such, considering this situation also, the
request be considered on some suitable conditions. It has also been submitted that the applicant is ready and willing to abide by the terms that she will
not leave the village without express permission of the authority, at least till the charge-sheet is filed.
Further, the applicant has not played any active role in commission of crime and hence, the applicant may be enlarged on regular bail by imposing
suitable conditions.
Learned APP appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence. It has
further been submitted that the learned Sessions Judge has considered the every aspect of the matter and also examined the role played by the
applicant and as such, the request may not be considered.
Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
Having heard the learned advocates for the parties and perusing the material placed on record, it appears that the applicant is a lady accused,
having minor baby girl aged about 10 months and she is in custody along with infant. As a result of this, considering the fact that the applicant is a lady
accused and is in such a precarious position, the Court is inclined to consider the request for regular bail, more particularly when she has shown her
readiness and willingness to cooperate with the investigation and would abide by other conditions including the condition of not leaving the village till
the charge-sheet is filed.
This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in [2012] 1 SCC 40.
Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being
C.R.No.11204021200575 of 2020 registered with Dakor Police Station, District â€" Kheda on executing a personal 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 she shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave India without prior permission of the Sessions Judge concerned;
[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change
the residence without prior permission of this Court;
The authorities will release the applicant only if she 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 issue warrant or take appropriate action in the matter. Bail bond to be
executed before the lower Court having jurisdiction to try thecase. It will 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 prima facie observations made by this Court in the present order.
Rule is made absolute to the aforesaid extent.
The Registry is directed to communicate this order to the concerned court by fax and/or email.