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Judgment
21 paragraphs · 379 wordsHeard.
Admit.
This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending her arrest in connection
with Crime No. 35/2020 registered at Police Station- Gariyaband, District Gariyaband (C.G.) for commission of the offence punishable under Section
420/34 of the IPC.
As per the prosecution case, the allegation against the present applicant is that she sold paddy showing same to be the yielded from her agricultural
land whereas, in fact, she was growing vegetables and not paddy in her agricultural field.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that
she is a 61 years of lady and other co-accused persons have already been granted anticipatory bail by this Court, therefore, the present applicant may
be granted anticipatory bail.
On the other hand, counsel for the State opposes the application for anticipatory bail.
After hearing counsel for the parties and considering the facts and circumstances of the case, this Court is of the considered opinion that it is a fit
case to grant anticipatory bail to the applicant. Accordingly, the application is allowed.
It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, she shall be released on bail on her furnishing a
personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned arresting/ investigating officer or the
Court concerned, as the case may be, with the following terms and conditions:
(i) that the applicant shall make herself available for interrogation before the concerned investigating officer as and when required.
(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to
dissuade him/her from disclosing such facts to the Court or to any police officer;
(iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and
(iv) that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.