Madhuben vs State Of Gujarat on 29 November, 2017

R/CR.MA/28165/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL)
NO. 28165 of 2017

MADHUBEN W/O KALUSINH VAGHELA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR PADMRAJ K JADEJA, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 29/11/2017

ORAL ORDER

1. Heard learned Counsel for the applicant and learned APP on
behalf of the respondent-State.

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 306, 498A and 114 of the Indian Penal
Code for which FIR came to be registered at C.R. No.I-146 of 2017
with Sector-21 Police Station, Gandhinagar.

3. Learned advocate appearing on behalf of the applicant on
instructions submits that the applicant is ready and willing to abide
by all the conditions, including the condition with regard to the
powers of Investigating Agency to seek remand of the petitioner;
subject to the petitioner’s right to oppose it.

4. On the other hand, the learned APP appearing for the
respondent-State has opposed this application.

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5. Having considered the rival contentions as also having regard
to the nature of accusation against the petitioner, the case for
admitting the petitioner to bail in anticipation of his arrest is made
out in absence of antecedents and in absence of apprehension
against the petitioner tampering with the evidence or threating the
witnesses, fleeing from justice at this stage, without discussing the
evidence in detail.

6. In the result, this application is allowed. It is directed that in
the event of arrest of the applicant herein in connection with FIR
registered at C.R. No.I-146 of 2017 with Sector-21 Police
Station, Gandhinagar, 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
04.12.2017 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 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

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R/CR.MA/28165/2017 ORDER

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.)

Dolly

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