Gangaben Amratbhai Rabari & 3 vs State Of Gujarat on 28 July, 2017

R/CR.MA/18865/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 18865 of
2017

GANGABEN AMRATBHAI RABARI 3….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
JAYSINH Y SOLANKI, ADVOCATE for the Applicant(s) No. 1 – 4
MR YM THAKKAR, ADVOCATE for the Applicant(s) No. 1 – 4
MS. JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 28/07/2017

ORAL ORDER

1. Rule. Learned APP waives service.

2. This application is filed seeking bail under Section
438 of the Code of Criminal Procedure, 1973 in respect of the
offences punishable under
Sections 376, 377, 323, 498A,
506(2) and 114 of the Indian Penal Code for which C.R. No. I-87
of 2017 came to be registered with Amraiwadi Police Station,
Ahmedabad.

2. Learned advocate appearing on behalf of the
applicants would submit that considering the nature of offence,
the applicants may be enlarged on anticipatory bail by
imposing suitable conditions.

3. On the other hand, the learned APP appearing for

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the respondent-State has opposed this application to the
nature and gravity of the offence.

4. This Court has heard the learned Advocates
appearing for the respective parties and perused the
investigation papers. Considering the nature of allegations
against the applicants who are in-laws of the complainant and
in absence of apprehension of the applicants’ fleeing from
justice, threatening the witnesses or interfering with the trial in
any manner whatsoever, the applicants are entitled to be
admitted to anticipatory bail.

READ  Sonu @ Mom Ram & Ors vs State Of Nct Of Delhi & Anr on 9 December, 2011

5. Learned Advocate for the applicants on instructions
states that the applicants are ready and willing to abide by all
the conditions, including impositions 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 applicants accused to oppose such
application on merits may be kept open.

6. In the result, this application is allowed. It is
directed that in the event of arrest of the applicants herein in
connection with C.R. No. I-87 of 2017 registered with
Amraiwadi Police Station, Ahmedabad, the applicants shall be
released on bail on their furnishing personal bond of
Rs.10,000/- (Rupees ten thousands only) each with one surety
of the like amount on the following conditions that they shall:

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

(b) remain present at the concerned Police Station

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on 1.8.2017 between 11.00 a.m. and 2.00 p.m.;

(c) 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;

(d) not obstruct or hamper the police investigation
and not to play mischief with the evidence collected
or yet to be collected by the police;

(e) at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change their residence till
the final disposal of the case till further orders;

READ  Arvind Kumar & Anr vs State Of Madhya Pradesh on 24 July, 2007

(f) 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

(g) 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;

7. 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

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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 bail order.

8. At the trial, the Trial Court shall not be influenced
by the prima-facie observations made by this Court while
enlarging the applicants on bail. Rule is made is made
absolute.

READ  Sheikh Rashid S/O Sheikh Yakub-vs-The State Of Maharashtra on 4 October, 2011

Direct service today is permitted.

(G.R.UDHWANI, J.)
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