Jignesh Ranjendrakumar Yogi vs State Of Gujarat on 31 July, 2017

R/CR.MA/17868/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 17868 of
2017

JIGNESH RANJENDRAKUMAR YOGI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR UMESH TRIVEDI FOR MR JAY R SHAH, ADVOCATE for the Applicant(s)
No. 1
MARMIK A THAKKAR, ADVOCATE for the Applicant(s) No. 1
ABHIMANYU RATHOD, ADVOCATE for the Respondent(s) No. 1
MR MEHUL H RATHOD, ADVOCATE for the Respondent(s) No. 1
MR LR PUJARI APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 31/07/2017
ORAL ORDER

1. This application is filed seeking bail under Section 438 of the
Code of Criminal Procedure, 1973 in respect of the offences
punishable under Sections 328, 498A, 34 of the Indian Penal Code
and sections 3 and 7 of the Dowry Prohibition Act, for which an FIR
being C.R. No. I-44 of 2017 came to be registered at Palanpur (West)
Police Station, Dist. Banaskantha.

2. 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.

3. On the other hand, the learned APP appearing for the
respondent-State has opposed this application looking to the nature
and gravity of the offence. Learned Advocate appearing for the
original complainant has also opposed this application.

4. This Court on consideration of the facts indicated in the order

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R/CR.MA/17868/2017 ORDER

dated 11/07/2017 passed in CR.MA No.12679 of 2017 had admitted
the accused-Rajendrakumar Hargovandbhai Yogi to anticipatory bail.
No detailed reasons are recorded at the request of the parties herein
for this order.

5. Learned Advocate for the applicant on instructions states that
the applicant is 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 applicant
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 applicant herein in connection with the FIR
being C.R. No. I-44 of 2017 registered with Palanpur (West)
Police Station, Dist. Banaskantha, 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 he shall:

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

(b) remain present at the concerned Police Station on
09.08.2017 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

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R/CR.MA/17868/2017 ORDER

shall not change his residence till the final disposal of the
case till further orders;

(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
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 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.

8. 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. Rule is made is made absolute.

Direct service is permitted.

(G.R.UDHWANI, J.)
sompura

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