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Judgment
R.L. Anand, J.
A chance was given to the Investigating Agency to interrogate the petitioner with regard to the allegations of the FIR. Prima facie, there is no evidence on the record to establish that there was any entrustment of gold to the petitioner. Keeping in view the fact that the petitioner is a lady having two small kids and the age of the younger is 2 years, it is a fit case where the bail should be granted to the petitioner u/s 438 Cr.P.C. Resultantly, directions are given to the I.O. that in the event of the arrest of the petitioner, she would be enlarged on bail, subject to the following conditions :
The petitioner shall join the investigation as and when called upon by the I.O.
She shall not tamper with the prosecution evidence directly or indirectly.
She shall surrender her passport, if any, before the I.O.
She shall report to the SHO after every 15 days in the Police Station at 11.00 a.m. This direction has been given keeping in view the fact that the petitioner claims that she is the wife of Mostafa Mirzaie, who, admittedly, has a foreign nationality. This direction has been given to ensure that she may not flee from the country either with the connivance of her husband or anybody else. Therefore, her presence is necessary during the pendency of the trial.
The petitioner shall furnish a bail bond in the sum of Rs. 10,000/ with one surety in the like amount to the satisfaction of the I.O. The surety must be sound and local.
With the above directions, the petition u/s 438 Cr.P.C is allowed.