R/CR.MA/11591/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 11591 of 2017
HARSHADGIRI MANSUKHGIRI GOSWAMI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR HARESH N JOSHI, ADVOCATE for the Applicant(s) No. 1
Mr.H.K. PATEL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 28/06/2017
ORAL ORDER
This application is filed 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 registered at C.R.No.I-
20 of 2016 with Malia Hatina Police Station, District Junagadh, for
the offence punishable under sections 363. 366 and 376 of IPC and
sections 4, 6 and 8 of POCSO Act.
2. The 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.
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3. On the other hand, the learned Public Prosecutor appearing
for the respondent-State has opposed this application and 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, perused the investigation papers and have also
taken into consideration the facts of the case, nature of allegations,
role attributed to the applicant- 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 the case of
Siddharam Satlingappa Mhetre vs. State of Maharashtra and
Others, reported at [2011] 1 SCC 6941, wherein the Hon’ble Apex
Court has reiterated the law laid down by the Constitutional Bench
in the case of Shri Gurubaksh Singh Sibbia and others,
reported at (1980) 2 SCC 665.
5. Following aspects are also considered:-
(i) Charge-sheet is filed.
(ii) During the course of investigation, on the
statement of the prosecutrix, it is revealed that
the prosecutrix is still willing to reside with the
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applicant as his wife.
(iii) Now the prosecutrix is already married.
6. Learned Advocate for the applicant on instructions states that
the applicant is ready and willing to abide by all the conditions,
including imposition 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 the
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 registered at C.R.No.I-20 of 2016 with Malia Hatina
Police Station, District Junagadh, 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 the applicant:
(a) shall not leave the limits of Botad for the period of
three months;
(b) shall cooperate with the investigation and make
himself available for interrogation whenever required;
(c) shall remain present at the concerned Police Station
on every alternate Monday between 11.00 AM and
02.00 PM.
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(d) 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/them from disclosing such facts to the court or to
any police officer;
(e) 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;
(f) 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;
(g) shall not leave India without the permission of the
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
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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.
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. The petition is allowed accordingly. Rule is made
absolute in the aforesaid terms. Direct service is permitted.
(A.Y. KOGJE, J.)
karim
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