Full Judgment
1. Rule. Mr. L.B. Dabhi, learned APP waives service of notice of Rule for respondentState.
2. The applicant has taken out present application under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the offences registered with Adalaj Police Station bearing CR No.I-68 of 2011 punishable under Sections 363, 366, 376, 506(2) and 114 of the Indian Penal Code.
3. Heard Mr.Mehta, learned advocate for the applicant.
4. Mr.Mehta, learned advocate for the applicant has submitted that the applicant Varsha is pregnant woman and she is carrying five and half months baby in her womb and she is asthmatic patient. He has further submitted that the applicant is not keeping good health now-a-days because of her pregnancy and asthma disease and she has to regularly visit the hospital to meet Gynecologist doctor for her regular medical checkup. He has submitted that applicant is ready to abide by any condition that may be imposed. Mr.Mehta, learned advocate for the applicant has also stated that the applicant will be available whenever her presence is required. He requests that the applicant, at this stage, may be granted anticipatory bail.
5. Heard Mr.L.B. Dabhi, learned APP for the respondent-State of Gujarat.
6. Mr. Dabhi, learned APP opposed the submissions of the learned advocate for the applicant on the ground that the applicant has committed serious offences and the incident is not in dispute. He has requested that present application may not be entertained.
7. I have examined the complaint and heard the learned counsel for both the sides and also having regard to the facts and circumstances of the case as well as the submissions and upon also considering the gravity of the alleged offences as well as the quantum of punishment and the manner in which the applicant is allegedly involved in the offence as per the prosecution, prima-facie, it transpires that taking into account the fact that the applicant Varsha is pregnant woman and she is carrying on five and half months baby in her womb and she is asthmatic patient, this application deserves to be allowed with appropriate condition.
8. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case and the fact that the role attributed to the applicant is that she allegedly allowed the accused no.1 and the victim girl to stay in her house but not that she had taken part in alleged kidnapping, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Stalingappa Mhetre v. State of Maharashtra & Ors. reported in [2011]1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in [1980]2 SCC 565. Hence, this application is allowed and it is directed that in the event of the arrest of the abovenamed applicant in connection with CR No.I-68 of 2011registered with the Adalaj Police Station, she shall be released on bail, in respect of the offences alleged against her in this application, on her executing and furnishing a bond of Rs.10,000/- (Rupees: Ten Thousand Only) with one solvent surety of like amount, by the concerned police officer, and on condition that she :-
(a) shall cooperate with the investigation and shall, without failure or delay, make herself available for interrogation whenever and wherever required.
(b) shall not in any manner, hamper or obstruct the investigation.
(c) shall not either herself or through others and directly or indirectly make any inducement, promise or threat of whatsoever nature to any witness or anyone else concerned in the case or to any witness or person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and shall not cause any harassment to the complainant.
(d) shall remain present on 20.06.2011 before the investigating /police officer of the Adalaj Police Station between 11.00 a.m. to 2.00 p.m. and then at any time as informed and required by such officer and shall not enter the revenue limit of District Gandhinagar.
(e) shall remain present before the trial Court regularly as and when directed and on the dates fixed.
(f) shall not play any type of mischief with the evidence collected or yet to be collected by the police and shall not try to influence, in any manner, any witness or any person connected with the case and / or acquainted with the facts of the case.
(g) at the time of execution of bond, shall furnish her present and permanent residential address to the investigating officer and to the Court concerned and shall not change the residence/address till the final disposal of the case or till further orders.
(h) shall not leave Ahmedabad District and State of Gujarat without the permission of the Court and shall, if holding a passport, surrender and deposit the same before the trial Court on or before 20.6.2011.
9. It would be open to the investigating officer to file an application for remand if he considers it just and proper and the competent Court shall decide the same in accordance with law and on merits without being influenced by this order or the observations made herein.
10. 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 an 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.
11. It is clarified that the observations in this order are only for limited purpose of considering the request made in this application and are purely tentative and prima facie and does not in any manner indicate opinion of this Court about the allegations or merits of the case.
12. The application is allowed. Rule made absolute. Direct service is permitted.