Harshadgiri Mansukhgiri Goswami vs State Of Gujarat on 28 June, 2017

R/CR.MA/11591/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 11591 of 2017

HARSHADGIRI MANSUKHGIRI GOSWAMI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR HARESH N JOSHI, ADVOCATE for the Applicant(s) No. 1
Mr.H.K. PATEL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 28/06/2017

ORAL ORDER

This application is filed by the applicant under Section 438 of

the Code of Criminal Procedure, 1973 for anticipatory bail in the

event of his arrest in connection with FIR registered at C.R.No.I-

20 of 2016 with Malia Hatina Police Station, District Junagadh, for

the offence punishable under sections 363. 366 and 376 of IPC and

sections 4, 6 and 8 of POCSO Act.

2. The learned advocate appearing on behalf of the applicant

would submit that considering the nature of offence, the applicant

may be enlarged on anticipatory bail by imposing suitable

conditions.

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3. On the other hand, the learned Public Prosecutor appearing

for the respondent-State has opposed this application and granting

anticipatory bail to the applicant looking to the nature and gravity

of the offence.

4. I have heard the learned advocates appearing for the

respective parties, perused the investigation papers and have also

taken into consideration the facts of the case, nature of allegations,

role attributed to the applicant- accused. Without discussing the

evidence in detail, at this stage, I am inclined to grant anticipatory

bail to the applicant. This Court has also taken into consideration

the law laid down by the Hon’ble Apex Court in the case of

Siddharam Satlingappa Mhetre vs. State of Maharashtra and

Others, reported at [2011] 1 SCC 6941, wherein the Hon’ble Apex

Court has reiterated the law laid down by the Constitutional Bench

in the case of Shri Gurubaksh Singh Sibbia and others,

reported at (1980) 2 SCC 665.

5. Following aspects are also considered:-

(i) Charge-sheet is filed.

(ii) During the course of investigation, on the

statement of the prosecutrix, it is revealed that

the prosecutrix is still willing to reside with the

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applicant as his wife.

(iii) Now the prosecutrix is already married.

6. Learned Advocate for the applicant on instructions states that

the applicant is ready and willing to abide by all the conditions,

including imposition of conditions with regard to the powers of

Investigating Agency to file an application before the competent

court for his remand. He would further submit that upon filing of

such application by the Investigating Agency, the right of the

applicant-accused to oppose such application on merits may be

kept open.

7. In the result, the present application is allowed by directing

that in the event of arrest of the applicant herein in connection

with FIR registered at C.R.No.I-20 of 2016 with Malia Hatina

Police Station, District Junagadh, the applicant shall be released

on bail on his furnishing a personal bond of Rs.10,000/- (Rupees ten

thousands only) with one surety of the like amount on the following

conditions that the applicant:

(a) shall not leave the limits of Botad for the period of

three months;

(b) shall cooperate with the investigation and make

himself available for interrogation whenever required;

(c) shall remain present at the concerned Police Station

on every alternate Monday between 11.00 AM and

02.00 PM.

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(d) shall not directly or indirectly make any

inducement, threat or promise to any person

acquainted with the fact of the case so as to dissuade

him/them from disclosing such facts to the court or to

any police officer;

(e) shall not obstruct or hamper the police investigation

and shall not to play mischief with the evidence

collected or yet to be collected by the police;

(f) shall, at the time of execution of bond, furnish the

address to the investigating officer and the court

concerned and shall not change his residence till the

final disposal of the case till further orders;

(g) shall not leave India without the permission of the

Court and if having passport, shall deposit the same

before the Trial Court within a week; and

(h) it would be open to the Investigating Officer to file

an application for remand if he considers it proper and

just and the learned Magistrate would decide the same

on merits;

8. 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 application

and on all subsequent occasions, as may be directed by the learned

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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 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.

9. At the trial, the Trial Court shall not be influenced by the

prima facie observations made by this Court while enlarging the

applicant on bail. The petition is allowed accordingly. Rule is made

absolute in the aforesaid terms. Direct service is permitted.

(A.Y. KOGJE, J.)
karim

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