Gayatriben Maheshbhai Barot - Applicant @HASH State of Gujarat and 1

P.P. Bhatt, J.(Oral) - The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with Criminal Case No. 3825 of 2013 pending in the court of learned Chief Judicial Magistrate, Anand for the offences punishable under Section 138 of the Negotiable Instruments Act.

Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.

Learned advocate for the applicant upon instructions received from her client submits that the applicant is ready and willing to deposit Rs. 50,000/- within a period of two weeks before the trial Court from the date of her actual release without prejudice to his rights and contensions and also give the assurance that henceforth she will attend the trial court regularly and shall cooperate in the trial and not ask for any unncessary adjournment. It is submitted that the applicant is an innocent person and she has been falsely implicated in the alleged offence. It is further submitted that there is no criminal antecedents against the present applicant. It is lastly submitted that the applicant is ready and willing to abide by all the conditions which may be imposed by this Court and, therefore, she may be enlarged on regular bail.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail and submitted that there is a prima facie case against the present applicant for committing the alleged offence and, therefore, looking to the nature and gravity of the offence, this application may be dismissed.

Since the applicant is ready and willing to deposit an amount of Rs. 50,000/-, within a period of three weeks from the date of her release, before the concerned Trial Court, without prejudice to his rights and contentions, considering the nature of accusation made against the applicant in the First Information Report and also considering the fact that the applicant is not having any criminal antecedents, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with Criminal Case No.3825 of 2013 pending in the court of learned Chief Judicial Magistrate, Anand, on her executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned trial court, and subject to the following conditions, that the applicant 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 the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] shall remain present before the court as and when required during the trial and shall not ask for any unnecessary adjournments and cooperate in the trial;

[f] furnish latest and permanent 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;

[g] deposit an amount of Rs. 50,000/- before the concerned Trial Court within a period of four weeks from the date of her actual release, failing which, this order shall not operate.

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 learned Lower Court having jurisdiction to try the case. 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, learned 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.

Rule is made absolute to the aforesaid extent. Direct service is permitted.