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Received on
Registered on
Decided on
Duration
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IN THE COURT OF 3rd ADDITIOAL SESSIONS JUDGE,

DISTRICT COURT, GANDHINAGAR

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Cri. Misc. Application No.155/2020

EXH....
Applicant:

Jasiben Badaji
Age: 67 years,
Residing at
Chamla,Dahegam,
Gandhinagar.

VERSUS

Opponent:

The State of Gujarat

Through:- The DGP, Gandhinagar.

Appearances :-
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Learned Advocate, Mr.A.K.Mansuri for the applicant.
Learned DGP Mr.H.N.Raval for the State
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JUDGMENT

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Sub: An application for anticiparoty bail U/S 438 of Cr.P.C.
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Offence: I C.R.No. 118/2019, registered with Dahegam
Police Station, Gandhinagar, under Section
406,420,465,467,468,471 and 114 etc. of IPC

JUDGMENT

1. By way of the present application under Section

438 of the Code of Criminal Procedure, 1973, the applicant-
accused has prayed to release her on anticipatory bail in
case of arrest in connection with the First Information
Report I C.R.No. 118/2019, registered with Dahegam Police
Station, Gandhinagar, under Section 406, 420, 465, 467,
468, 471 and 114 etc. of IPC.

2. On presentment of applicant, notice issued to

the other side, who has appeared through DGP and the I.O.
has submitted objections on affidavit which is at Exh.4.

3. Learned advocate Mr.Mansuri has vehemently

submitted that the applicant is female accused aged about
67 years. She has not played any role in commision of
alleged crime. It has been further submitted that
complaint is filed almost 9 years late. It is entirely a civil
dispute. He has further submitted that this court has
rejected the bail applications of other accused, who have
granted bail by the Hon'ble High Court and therefore, on
the ground of parity also, the present applicant is required
to be released on bail. It has been argued that the
applicant is local resident of Dahegam and there is no
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chance to flee from justice. The applicant-accused is ready

to abide by the all terms and conditions which may be
imposed by the court. He further submitted that as the
complaint is totally a short cut method, the applicant-
accused may be released on anticipatory bail. The
applicant is ready to co-operate with the investigation and
therefore, urged to allow the application.

4. Per contra, learned DGP Mr.Raval appearing for the

respondent-State while opposing the application has
submitted that the serious offence is alleged against the
accused and earlier the court has rejected the bail
applications and therefore, anticipatory bail may not be
granted in such type of cases.

5. I have heard the learned advocates appearing for

the respective parties. I have also gone through the papers
and perused the entire record and examined the case
materials available on record.

6. The accused are facing the alleged commission of

offence punishable under Section 406, 420, 465, 467, 468,
471 and 114 etc. of IPC. It is to note that earlier this
court has rejected the bail applications of the other
accused, who have granted regular and anticipatory bail by
the Hon'ble High Court. Considering the role attributed by
the present applicant and particularly the main accused are
granted bail by the Hon'ble High Court vide the order in
Criminal Misc.Appln.No.1226/2020 and Criminal
Misc.Appln.No1204 of 2020, the present applicant being
female aged about 67 years, on the grounds of parity, she
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is required to be enlarged on anticipatory bail. Considering

the settled position in the well-known judgment of Hon'ble
Supreme Court in the case of Sanjay Chandra Vs. CBI, in
CRIMINAL APPEAL NO.2178 OF 2011, and Siddharam
Satlingappa Mhetre vs State Of Maharashtra And
Ors, CRIMINAL APPEAL NO. 2271/ 2010, in the opinion
of this court, this is a fit case where discretionary powers is
required to be exercised in favour of the present applicant-
accused by imposing conditions. As a result of the above
facts and aspects, present application is allowed and it is
directed that in the event of the applicant's arrest in
connection with the alleged offences, the accused be
released on the following terms and conditions hence, I
pass the following final order.
ORDER

The present application is allowed. It is directed

that in the event of the applicant's arrest in
connection with the FIR being Crime Register I C.R.No.
118/2019, registered with Dahegam Police Station,
Gandhinagar, under Section 406, 420, 465, 467, 468,
471 and 114 etc. of IPC of IPC he be released
forthwith on conditions of her executing a personal
bond of Rs.10,000/- ( rupees Ten Thousand only )
with one surety of the like amount.
The anticipatory bail granted by this court shall
be further governed and regulated by the following
conditions:

• shall coocperate with the investigation and

make herself available for interrogation
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whenever required;
• shall remain present at concerned police station
on 15.1.2020 between 11.00 am to 2.00 pm;
• shall not directly or indirectly make any
inducement, threat or primise to any person
acquinted with the fact of the case so as to
dissuade him from disclosing such facts to the
court or to any police officer;
• shall not obstruct or hamper the police
iinvestigation and not to play mischief with the
evidence collected or yet to be collected by the
police;
• shall 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;
• shall not leave India without the permission of
the concerned trial court and if having passport
shall deposit the same before the concerned
gtrial court within a week;
• it would be open to the Investigating officer to
file an application for remand if he considers it
proper and just and the learned Magisgtrtee
would decide it on merits.
• Breach of above conditions shall render the
present bail granted liabile to the cancelled.
• It is clarified that the observations made in this
order are for the purpose of granting pre-
arrrest protection only and the trial court shall
not be influenced by any of the observations
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made in this order and the same shall be

treated for the purpose of dealing with the
present application only.

• Order pronounced and signed in open court

today i.e. On 15th Ferbruary,2020.

( Mrs. S.N.SOLANKI)
3rd Additional Sessions Judge
Gandhinagar.

Code No.00623

//SELF//