R/CR.MA/19394/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19394 of 2019
HARSH MANOJKUMAR MEHTA
Versus
STATE OF GUJARAT
Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
ULLASH N GOHIL(8357) for the Applicant(s) No. 1
MS KRINA CALLA, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 22/10/2019
ORAL ORDER
1. This is an application by the applicant under
Section 438 of the Code of Criminal Procedure, 1973 for
anticipatory bail in the event of his arrest in
connection with FIR being I-CR No.75 of 2019 before
Maninagar Police Station, Ahmedabad for offence under
Sections 323, Section506(2) and Section498A of the Indian Penal Code
and Sections 3 and Section7 of the Dowry Prohibition Act.
2. 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.
3. On the other hand, the learned APP appearing
for the respondent-State has opposed this application and
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granting anticipatory bail to the applicant looking to
the nature and gravity of the offence.
4. I have heard the learned Advocates appearing
for the respective parties and perused the investigation
papers and have also taken into consideration the facts
of the case, nature of allegations, role attributed to
the applicant-accused and 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 the case of SectionSiddharam 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 Constitutional Bench in the case of
Shri Gurubaksh Singh Sibbia Ors., as reported at (1980)
2 SCC 665.
5. Following aspects are also considered:-
I. The FIR is registered on 27.09.2019 for
the offence which is alleged to have from
21.11.2017 to 27.09.2019.
II. The offence is an outcome of matrimonial
disputes between the applicant-husband and
the complainant-wife.
III. Submission of learned Advocate for the
applicant that prior to filing of the FIR,
already several disputes are filed and
pending before the Courts.
IV. Considering the fact that the allegations
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are not supported by any medical evidence.
V. Learned APP under instructions of IO is
unable to bring on record any special
circumstances against the applicant.
6. 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.
7. In the result, the present application is
allowed by directing that in the event of arrest of the
applicant herein in connection with FIR being I-CR No.75
of 2019 before Maninagar Police Station, Ahmedabad, the
applicant shall be released on bail on his furnishing a
personal bond of Rs.10,000/- (Rupees ten thousands only)
with one surety of the like amount on the following
conditions that he shall:
(a) shall cooperate with the investigation and
make available for interrogation whenever
required;
(b) shall remain present at the concerned
Police Station on 25.10.2019 between 11.00
AM and 02.00 PM;
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(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 from disclosing
such facts to the court or to any police
officer;
(d) shall not obstruct or hamper the police
investigation and shall 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 residence till the final
disposal of the case till further orders
without the permission of Trial Court;
(f) To mark presence once in fifteen days
before the concerned Police Station till
filing of the charge-sheet;
(g) 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
(h) 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
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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.
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.
(A.Y. KOGJE, J)
SHITOLE
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