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Judgment
10 paragraphs · 331 wordsSatyendra Kumar Singh, J
Heard.
This petition under Section 482 of CrPC has been preferred for modification of order dated 10.9.2020 passed by this Court in M.Cr.C. No.31326/2020 whereby the petitioner was enlarged on bail with a condition that she shall mark her attendance before the concerned police station in the first week of every month.
Learned counsel for the petitioner submits that vide order dated 10.9.2020 the petitioner was enlarged on bail in Crime No.157/2020 registered at Police Station Hazira, District Gwalior for offences punishable under Sections 328, 376 and 506 of IPC and under Section 67-A of Information Technology Act and apart from the other conditions, condition No.8 was imposed upon her to mark her attendance before the concerned Police Station in the first week of every month. He further submits that the petitioner in compliance of aforesaid order, the petitioner is regularly appearing before the concerned Police Station since 2020 and thereafter statement of the prosecutrix along with other prosecution witnesses were recorded. Petitioner has never breached the aforesaid condition. Since no complaint has been received against her, therefore, she be exempted from the aforesaid condition.
Learned counsel for the respondent/State has opposed the prayer and submitted that he is unable to produce any criminal past record of the applicant.
Heard the learned counsel for the parties.
Having considered the rival submissions and the fact that the matter is pending since 2020 and the petitioner is regularly appearing before the concerned Police Station i.e. Hazira, District Gwalior, as well as considering the material produced on record, the presence of the applicant before the concerned Police Station is liable to be exempted. Accordingly, condition No. 8 imposed by this Court vide order dated 10.09.2020 passed in M.Cr.C. No.31326/2020 is deleted.
Hence, this petition is allowed.
This order shall be read conjointly with order dated 10.09.2020 passed in M.Cr.C. No.31326/2020.
A copy of this order be sent to the Trial Court as well as Police Station concerned for necessary information.