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Dhiruben Pravinbhai Mansurbhai … vs State Of Gujarat on 3 March, 2020

R/CR.MA/4587/2020 ORDER




MR PUNAM G GADHVI(3724) for the Applicant(s) No. 1
VAISHALI J SHAH(8753) for the Applicant(s) No. 1
MR. H. K. PATEL APP for the Respondent(s) No. 1


Date : 03/03/2020


1. The appellant-accused has filed this Criminal Misc. Application
under Section 438 of the Criminal Procedure Code, 1973, claiming relief
in terms of Para 16(A) as under:

“This Hon’ble Court may quash set aside the order passed
by the Ld. 9th additional District Sessions Judge in CRMA no.
315 of 2020 on dated 18.02.2020 allow the anticipatory bail
application of the applicant which is filed at Mahila police Station
at Vadodara vide I-CR No. 111960001200008 of u/s 498A, 323,
504, 506(2), 114 of IPC and u/s 3 7 of Dowry prohibition Act
yadi of the order may be send to the Mahila Police Station at
Vadodara as well as Ld. JMFC court at Vadodara.”

2. Rule. Mr. H.K. Patel, Learned APP waives service of Rule on
behalf of the Respondent State.

Arguments for the applicant:

3. Mr. Punam Gadhvi, learned advocate for the applicant submitted
that no specific allegation against the present applicant. The applicant

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R/CR.MA/4587/2020 ORDER

will be available during the course of investigation and will not flee from
justice. That the present applicant was not residing with the complainant.

The learned advocate for the applicant further submitted that
nature of the allegations are such that custodial interrogation is not
necessary at this stage. It is also submitted on instruction that the
applicant is ready and willing to abide by all the conditions including
imposition of conditions with regard to power of Investigating Agency to
file an application before the competent Court for his remand. The
learned advocate for the applicant requested to grant anticipatory bail on
conditions as deemed fit by the Court.

Arguments for the prosecution:

4. Mr. H.K. Patel, learned APP for the respondent State submitted
that looking to the facts and circumstances of the case, just and
appropriate order is required to be passed.

5. Having heard learned advocates for the parties and perused the
contentions of the application and papers on record. That Court has
considered the facts of the case, nature of allegation and gravity of
offence and 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 also taken into consideration the law laid
down by the Hon’ble Apex Court in case of Siddharam Satlingappa
Mhetre vs. State of Maharashtra and Ors. as reported at (2011) 1 SCC
6941, wherein the Hon’ble Apex Court reiterated the law laid down by
the constitution Bench in the case of Shri Gurubaksh Singh Sibbia
Ors., as reported at (1980) 2 SCC 665.

6. In the result, the present application is allowed by directing that in
the event of applicant herein being arrested pursuant to FIR registered at

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R/CR.MA/4587/2020 ORDER

C.R. No. I – 11196001200008 of 2020 with Mahila Police Station,
Vadodara, the applicant shall be released on bail on furnishing a personal
bond of Rs. 15,000/- (Rupees Fifteen 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
12.03.2020 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 her 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;

(e) shall at that time of execution of bond, furnish the address to
the investigating officer and the trial court and shall not change
residence without permission of the trial Court till the final
disposal of the case;

(f) shall not leave India without the permission of the Trial
Court and if having passport shall deposit the same before the Trial
Court within a week; and if applicant does not possess passport he
shall file an affidavit to that effect;

(g) it would be open to the Investigating Officer to file an
application for remand if he considered it proper and just and the
learned Magistrate would decide it on merits.

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R/CR.MA/4587/2020 ORDER

7. If any application for remand is filed, 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. 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. Rule is made absolute to the aforesaid extent. Direct service is


k. piyush

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