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Ashokbhai Maganbhai Bamaniya vs State Of Gujarat on 31 January, 2020

R/CR.MA/23727/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 23727 of 2019

ASHOKBHAI MAGANBHAI BAMANIYA
Versus
STATE OF GUJARAT

Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1,2,3,4,5
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1,2,3,4,5
MR H K PATEL, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 31/01/2020

ORAL ORDER

1. By way of the present application under Section 438 of the

Code of Criminal Procedure, 1973, the applicants-accused

has prayed for anticipatory bail in connection with the FIR

being C.R. No. I – 67 of 2019 registered with Lunavada

Police Station, District : Mahisagar for the offenses

punishable under Sections 306, 498A and 114 of the Indian

Penal Code.

2. Learned advocate for the applicants submits that the nature

of allegations are such for which custodial interrogation at

this stage is not necessary. He further submits that the

applicants will keep himself available during the course of

investigation, trial also and will not flee from justice.

3. Learned advocate for the applicants on instructions states

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R/CR.MA/23727/2019 ORDER

that the applicants are ready and willing to abide by all the

conditions including imposition of conditions with regard to

powers of Investigating Agency to file an application before

the competent Court for their remand. He further submit that

upon filing of such application by the Investigating Agency,

the right of applicants accused to oppose such application on

merits may be kept open. Learned advocate, therefore,

submitted that considering the above facts, the applicants

may be granted anticipatory bail.

4. Learned Additional Public Prosecutor appearing on behalf of

the respondent – State has opposed grant of anticipatory bail

looking to the nature and gravity of the offence.

5. Having heard the learned advocates for the parties and

perusing the material placed on record and taking into

consideration the facts of the case, nature of allegations,

gravity of offences, role attributed to the accused, without

discussing the evidence in detail, at this stage, I am inclined

to grant anticipatory bail to the applicants.

6. This Court has considered following aspects,

(a) It is submitted by learned advocate for the applicant
that marriage span of the applicant no.1 with the
deceased was more than 20 years.

(b) It is also submitted that all the family members of the
applicant no.1 are falsely implicated in the alleged
incident.

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R/CR.MA/23727/2019 ORDER

(c) It is further submitted that age of applicant no.2 is 72
years whereas age of applicant no.3 is 65 years.

(d) I have considered role attributed to the applicants and
material placed on record.

Looking to the overall facts and circumstances of the

present case, I am inclined to consider the case of the

applicants.

7. 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 Ors.,

reported at [2011] 1 SCC 694, wherein the Hon’ble Apex

Court reiterated the law laid down by the Constitution Bench

in the case of Shri Gurubaksh Singh Sibbia Ors. Vs.

State of Punjab, reported at (1980) 2 SCC 565.

8. In the result, the present application is allowed. The

applicants are ordered to be released on bail in the event of

their arrest in connection with a FIR being C.R. No. I – 67 of

2019 registered with Lunavada Police Station, District :

Mahisagar on their executing a personal bond of Rs.10,000/-

(Rupees Ten Thousand Only) each with one surety of like

amount on the following conditions:

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

(b) shall remain present at concerned Police Station on
07.02.2020 between 11.00 a.m. and 2.00 p.m.;

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R/CR.MA/23727/2019 ORDER

(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 from disclosing
such facts to the court or to any police officer;

(d) shall 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) 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
concerned trial court and if having passport shall
deposit the same before the concerned 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 it on merits;

9. Despite this order, it would be open for the Investigating

Agency to apply to the competent Magistrate, for police

remand of the applicants. The applicants 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

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R/CR.MA/23727/2019 ORDER

completion of such period of police remand, shall be set free

immediately, subject to other conditions of this anticipatory

bail order.

10. At the trial, the concerned trial court shall not be influenced

by the prima facie observations made by this Court in the

present order.

11. Rule is made absolute to the aforesaid extent. Direct service

is permitted.

(VIPUL M. PANCHOLI, J)

NEHA

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