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Harsh Manojkumar Mehta vs State Of Gujarat on 22 October, 2019

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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R/CR.MA/19394/2019 ORDER

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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R/CR.MA/19394/2019 ORDER

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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R/CR.MA/19394/2019 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 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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R/CR.MA/19394/2019 ORDER

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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