R/CR.MA/1094/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1094 of
2018
BEBIBEN VINODBHAI YADAV….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR DR RAY, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 23/01/2018
ORAL ORDER
1. Appearance of the learned advocate for the original complainant
be recorded.
2. Heard learned Advocate for the applicant, learned advocate for
the original complainant and learned APP for the respondentState.
3. 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, 114 of the Indian Penal Code ( For short ‘the
IPC’) for which FIR came to be registered at C.R. No.I 178 of 2017
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with Madhupura Police Station.
4. 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. Learned
Advocate for the applicant on instructions states 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 petitioners right to oppose it.
5. On the other hand, learned advocate for the original complainant
and the learned APP appearing for the respondentState have opposed
this application.
6. Having considered the rival contentions including that of the
complainant as also having taken into consideration the dying
declaration and the audio transcript of the deceased, prima facie a
question arises whether the acts complained of by the deceased were
done with a mens rea that by such acts, the deceased would commit
suicide or cause the bodily injury to herself. The dying declaration of the
deceased prima facie indicates the frequent quarrel amongst the family
members including by the deceased. Heavy burden would lie upon the
prosecution to establish that such acts would fall within the four corners
of section 107 of IPC giving rise to the offence punishable under section
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306 of IPC. In above view of the matter, the case for admitting the
petitioner to bail in anticipation of her arrest is made out.
7. 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.I178 of 2017 with Madhupura Police Station, the applicant
shall be released on bail on her furnishing a personal bond of
Rs.10,000/ (Rupees ten thousands only) each with one surety each of
the like amount on the following conditions that she shall:
(a) cooperate with the investigation and make herself
available for interrogation whenever required;
(b) remain present at the concerned Police Station on
25.01.2018 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 her 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 her residence till the final disposal of the case
till further orders;
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(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;
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 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.
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. Rule is made is made absolute. Direct service is permitted.
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(G.R.UDHWANI, J.)
niru*
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