Usmanbhai Mohammadbhai Chauhan & vs State Of Gujarat on 29 May, 2017

R/CR.MA/13372/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 13372
of 2017

USMANBHAI MOHAMMADBHAI CHAUHAN 1….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR P P KASVALA, ADVOCATE for the Applicant(s) No. 1 – 2
MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 29/05/2017

ORAL ORDER

1. Rule. Learned P.P. waives service of rule.

2. The application is made under section 438 of Criminal

Procedure Code, 1973 (for short “Cr.P.C.”) praying for

anticipatory bail in respect of the offences being I-C.R. No.

40/2017 registered at Rajula Police Station, Amreli alleging

inter alia offence u/s. 306 of the Indian Penal Code (for short,

IPC’).

3. Considering the rival contentions, it prima facie appears

that except some vague and general statements against the

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R/CR.MA/13372/2017 ORDER

petitioners, no substantial and specific allegations are made

against the petitioners. It is not the case of the complainant

that he had learnt the harassment of the deceased any time

before lodging of the FIR and vague statement is made that

during the hospitalisation of the deceased, a day before her

death on 01.05.2017 she called up the complainant and

informed about the torture and harasment made to her. Prima

facie the allegations made in the FIR do not inspire confidence.

In the result, this application is allowed. In the event of

the arrest of the petitioners pursuant to FIR being CR No.I 40

of 2017 with Rajula Police Station for the offences punishable

READ  Navpreet Kaur Vs. Gurkirat Singh on 6 December, 2008

under Sections 498A, 506(2), 306 and 114 of the Indian Penal

Code, the petitioners shall be released on bail on furnishing a

bond of Rs.5,000/- (Rupees Five Thousand only) each with one

surety of like amount on following conditions :-

[a] shall cooperate with the investigation and make
themselves available for interrogation whenever required;

[b] shall remain present at concerned Police Station on
05.06.2017 between 11.00 am to 2.00 pm;

[c] shall not hamper the investigation in any manner nor shall

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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
intimate the change of residence if made by accused during
the pendency of the case.

[e] shall 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] despite this order, it would be open for the Investigating
Agency to apply to the competent Magistrate, for police
remand of the applicants. The applicants shall remain present
before the learned Magistrate on the first date of hearing of
such 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
applicants, 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

READ  Ram Dulare vs The State Of M.P. on 10 July, 2017

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bail order.

4. At the trial, the trial court shall not be influenced by the
prima facie observations made by this Court while enlarging
the petitioners on bail.

5. Rule is made absolute. No order as to cost. Direct service
is permitted.

(G.R.UDHWANI, J.)
MAYA

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