R/CR.MA/20120/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 20120 of
2017
RAJESHBHARTHI DEVABHARTHI GOSWAMI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR RATHIN P RAVAL, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 11/08/2017
ORAL ORDER
1. RULE. Mr. H.K. Patel, learned Additional Public
Prosecutor waives service of rule on behalf of the
respondent-State.
2. 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 as C.R.No.I-18/2017 with Rajula Police
Station, Amreli for the offences punishable under
Sections 363, 366 and 376 of the Indian Penal Code and
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under Sections 4, 8 and 17 of the POSCO Act.
3. 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.
4. On the other hand, the learned Additional 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.
5. 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
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law laid down by the Constitutional Bench in the case of
Shri Gurubaksh Singh Sibbia and others, reported at
(1980) 2 SCC 665.
Following aspects are also considered:-
(I) The applicant is the father of the accused No.1; and the
accused No.1 had eloped with the daughter of the
complainant, out of a love affair between them;
(II) The only role is that the eloped couple came to the
residence and they were permitted to stay and;
(III) The affidavit of the prosecutrix who is now aged 18
years which is on record at Annexure ‘C’ indicates that she
intends to marry the son of the applicant after he is
enlarged on bail.
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.
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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 as C.R. No.I-18/2017
with Rajula Police Station, Amreli 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 :
(a) shall cooperate with the investigation and make himself
available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on
16th AUGUST, 2017 between 11.00 AM and 02.00 PM;
(c) 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;
(d) 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;
(e) 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;
(f) shall not leave India without the permission of the Court
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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;
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 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.
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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 application is allowed
accordingly. Rule is made absolute in the aforesaid terms.
Direct service is permitted.
Sd/-
(A.Y. KOGJE, J.)
CAROLINE
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