Richa (Ruchita) Ravibhai Soni vs State Of Gujarat on 25 May, 2017

R/CR.MA/13237/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 13237
of 2017

RICHA (RUCHITA) RAVIBHAI SONI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR MITESH AMIN, Ld. PUBLIC PROSECUTOR for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE B.N. KARIA

Date : 25/05/2017

ORAL ORDER

1. RULE. Learned Public Prosecutor Mr. Mitesh Amin
waives service of notice of Rule for the
respondent – State.

2. This application is filed under Section 438 of the
Code of Criminal Procedure in connection with
First Information Report registered as I-C.R.
No.78/2017 with Shaher Kotda Police Station,
Ahmedabad for the offences punishable under
Sections 306, 498A and 114 of the Indian Penal
Code.

3. Learned Counsel for the applicant submits that
considering the role attributed to the applicant
and the attending circumstances, the applicant (a

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female) may be granted anticipatory bail.

4. Having heard learned Counsels for the parties and
perusing the record of the case and taking into
consideration the facts of the case, 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.

5. Learned Counsels for the parties do not press for
further reasoned order.

6. In the result, this application is allowed by
directing that in the event of the applicant
herein being arrested pursuant to FIR being I-C.R.
No.78/2017 with Shaher Kotda Police Station,
Ahmedabad, the applicant shall be released on bail
on furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand Only) with one surety of like amount on
following conditions :-

(a) shall cooperate with the investigation and
make herself available for interrogation
whenever required;

(b) shall remain present at the concerned
Police Station on 1st JUNE, 2017 between 11.00

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R/CR.MA/13237/2017 ORDER

am to 2.00 pm;

(c) shall not hamper the investigation in any
manner nor shall directly or indirectly make
any inducement, threat or promise to any
witness so as to dissuade them from disclosing
such facts to the Court or to any Police
Officer;

(d) shall at the time of execution of bond,
furnish the address to the Investigating
Officer and the Court concerned and shall not
change the residence till the final disposal of
the case or till further orders;

(e) will not leave India without the permission
of the Court and, if is holding a Passport,
shall surrender the same before the trial Court
immediately;

(f) It would be open to the Investigating
Officer to file an application for remand, if
he considers it just and proper and the
concerned Magistrate would decide it on merits.

(g) 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

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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.

7. Rule made absolute. The application is disposed
of accordingly. Direct Service is permitted.

Sd/-

(B.N. KARIA, J.)
CAROLINE

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2 thoughts on “Richa (Ruchita) Ravibhai Soni vs State Of Gujarat on 25 May, 2017

  1. sir,
    my wife had gone with me to her parental home 23rd date, and come back to her matrimonial home after a giving false murder case general diary against me without any reason to my local thana on 25th dated, but i can’t believe and i was told her to stay in my home, don’t leave my home unnesesarily but she refuse me and went to her own parental home, when i knew the false g.d. form my local thana then i stoped any terms and relation with my wife for my and my families safety to avoid any false police case by my wife and her bad conspiracy, which had came suddenly, then she stay in her own parents home whithout any reason, i was waiting for her mentality, suddenly she entered to my home with unknown woman with my sister in law and with my wife on 6th date of next month and to harrashed me and my family, even then i can’t understood her conspiracy, the same day my local thana police officer entered in to my home and told me that my wife filed a 498acase with 406. i will be aback. after 16days my wife filed a 125(2) maintanance case against me, i have to pay my wife maintanance 6,000/- which he demands, even she get salary arround 6.500/- and my salary is 1,20,000/- per year net income and live with my older parents and their liablities. now my question is that i have to pay it or not because i know that this 498a-406 is a total false case, we are innocent family, and i never live with my wife together before i never tolarate that she had filed a false murder g.d. case against me, i have no symapathy about my wife till now, i want divorce, i can’t believe her, i have to pay her, or not, please give me advise as soon as possiable, one thing is imporant that why she filed a false murder g.d. case to my local thana even i can’t understant till now, what i will do.

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