R/CR.MA/25131/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 25131 of 2017
GAURANG NATWARBHAI PRAJAPATI….Applicant(s)
Versus
STATE OF GUJARAT 2….Respondent(s)
Appearance:
MR YASH N NANAVATY, ADVOCATE for the Applicant(s) No. 1
MS. THAKKAR, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No.
1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 19/12/2017
ORAL ORDER
1. This application is not pressed as during the pendency of
the same, charge-sheet has been filed. According to the
learned counsel appearing for the applicant, there is no case
worth the name to prosecute the applicant. It is submitted that
the victim has lodged a false first information report only with
a view to extort money. She has been blackmailing the
applicant since a long period of time. My attention is also
drawn to an order passed by this Court dated 15 th September,
2017 in the Criminal Misc. Application No.18591 of 2017
releasing the accused-applicant on anticipatory bail. In the
order passed by this Court, releasing the applicant on
anticipatory bail, the following has been observed;
1. Heard learned Advocate for the applicant, learned
advocate for the original complainant and learned APP for
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the respondentState.
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 496, 420, 376 and 313
of the Indian Penal Code for which FIR came to be
registered at C.R. No. I 189 of 2017 with Naroda Police
Station.
3. Anticipatory bail is sought by the petitioner on the ground that
the allegations made against the petitioner in the FIR are false
and baseless. For that purpose, reliance has been placed upon
certain audio recordings representing the conversation between
the petitioner and the prosecutrix ranging between the track 1
and track 17. During the pendency of this petition, following
developments as recorded in the order dated 09.08.2017 and
29.8.2017 took place.
4. In conformity with the said development, a report by
Directorate of Forensic Science dated 13.09.2017 has been
submitted confirming that conversation in the above 17 tracks
between the two persons is not tampered with and the
conversation matche with the voice sample of the petitioner and
the prosecutrix. Learned counsel for the petitioner has relied
upon the said tracks more particularly track nos. 15, 16 and 17
and would contend that the allegations made in the FIR that
prosecutrix was cheated by withholding the information from her
about the marital status of the petitioner having four children is
false.
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.
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6. Learned APP and the learned counsel for the complainant
would contend that the offence of serious nature has been
committed by the petitioner and that after concealing the
marital status with four children out of the existing marriage
a false promise to marry the prosecutrix was given by the
petitioner and on that basis, her consent was obtained for
physical relations. It was submitted that therefore, custodial
interrogation of the petitioner is necessary and he should
be denied anticipatory bail.
7. This Court would have appreciated the above referred facts;
but for the parties not inclined to invite the reasoned order for
admitting the petitioner to bail in anticipation of his arrest. Suffice
it to say that the case for anticipatory bail is made out considering
the investigation papers and the documents annexed with petition
including above referred facts.
9. 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 189 of 2017 with Naroda Police Station,
the applicant shall be released on bail on his furnishing a
personal bond of Rs.10,000/ (Rupees ten thousands only) with
one surety each of the like amount on the following conditions
that he shall:
(a) cooperate with the investigation and make
themselves available for interrogation whenever
required;
(b) remain present at the concerned Police Station
on 19.09.2017 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;
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(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;
10. 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.
11. At the trial, the Trial Court shall not be influenced by the
primafacie observations made by this Court while
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enlarging the applicant on bail. Rule is made is made
absolute. Direct service is permitted.”
2. Since the charge sheet has been filed, I am not inclined
to entertain this application. It shall be open for the applicant
to file a discharge application before the Trial Court. If any
such application for discharge is filed, the Trial Court shall
consider the case expeditiously in accordance with law keeping
in mind the observations of this Court in the order dated 15 th
September, 2017 referred to above.
3. With the above, this application is disposed of.
Direct service is permitted.
(J.B.PARDIWALA, J.)
Vahid
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