The Court granted anticipatory bail to petitioner Nirmala, a lady, considering her gender and the fact that other family members arrested in the same FIR had already been released on regular bail, subject to conditions.
Grant of concession of anticipatory bail to the petitioner.
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CRM-M No. 22948 of 2011
Nirmala v. State of Haryana
Present: Mr.Vikas Lochab, Advocate for the petitioner No1-Nirmala.
Ms. Preeti Choudhary, AAG, Haryana.
This is a petition for anticipatory bail filed in case bearing FIR No. 215 dated 15.07.2011, under Sections 148, 452, 323, 324, 149 IPC registered at Police Station Kundli.
On 01.08.2011 the following contention was noticed:-
“Learned counsel has argued that all the offences except the one under Section 452 UIPC, are bailable and no injury has been attributed to the petitioner while the persons to whom injuries have been attributed have been released on bail.”
Learned DAG, on instructions from ASI Suraj Bhan, has
accepted the fact that all offences except Section 452 IPC are bailable and the petitioners No. 2 to 5 have been arrested and released on regular bail by now.
Considering the fact that the petitioner is a lady and the remaining members of her family have since been arrested and bailed out, I deem it appropriate to grant the concession of anticipatory bail to the petitioner. In the event of her arrest, she shall be released on bail by the investigating officer to his satisfaction subject to the conditions envisaged under Section 438(2) Cr.P.C.
Petition stands disposed of.
( AJAY TEWARI ) JUDGE
October 13, 2011 sunita
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in light of her gender and the bailing out of co-accused.
1 provisions across 1 enactments
Nirmala
State of Haryana
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
