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Bhavnaba Vikramsinh Jadeja vs State Of Gujarat on 7 March, 2019

R/CR.MA/4270/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 4270 of 2019

BHAVNABA VIKRAMSINH JADEJA
Versus
STATE OF GUJARAT

Appearance:
MR ANKIT SHAH(6371) for the Applicant(s) No. 1
MR MITESH AMIN PP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 07/03/2019
ORAL ORDER

1. Rule. Learned PP Mr.Mitesh Amin waives service of
notice of Rule on behalf of respondent­State.

2. By way of the present application under Section
438 of the Code of Criminal Procedure, 1973, the
applicant­accused has prayed for anticipatory bail
in connection with the FIR being C.R. No. I-
26/2019 registered with Bortalav Police Station,
Bhavnagar for the offenses punishable under
Sections 306, 498A and 114 of the Indian Penal
Code and under Section 3 of the Dowry Prohibition
Act.

3. Learned advocate for the applicant submits that
the nature of allegations are such for which
custodial interrogation at this stage is not
necessary. He further submits that the applicant
will keep herself available during the course of
investigation, trial also and will not flee from
justice.

4. Learned advocate for the applicant on instructions

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R/CR.MA/4270/2019 ORDER

states that the applicant is 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 his remand. He 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. Learned advocate, therefore,
submitted that considering the above facts, the
applicant may be granted anticipatory bail.

5. 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.

6. 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 applicant. This
Court has considered the fact that the applicant
is sister­in­law of the deceased and has already
married before 20 years from the date of incident
and at present, residing separately along with her
family. Therefore, the present application
deserves to be allowed.

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

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R/CR.MA/4270/2019 ORDER

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 665.

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

The applicant is ordered to be released on bail in
the event of her arrest in connection with a FIR
being C.R. No. I-26/2019 registered with Bortalav
Police Station, Bhavnagar on her executing a
personal bond of Rs.10,000/­ (Rupees Ten Thousand
Only) with one surety of like amount on the
following conditions:

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

(b) shall remain present at concerned Police
Station on 14.03.2019 between 11.00 a.m. and
2.00 p.m.;

(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 Sessions Court and if having passport
shall deposit the same before the Trial Court
within a week; and

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R/CR.MA/4270/2019 ORDER

(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 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.

10. At the trial, the 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.)
Gautam

Page 4 of 4

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