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Kokilaben Mukeshbhai Raval vs State Of Gujarat on 14 February, 2019

R/CR.MA/1751/2019 ORDER




MR. ABHISHEK A JOSHI(6768) for the PETITIONER(s) No. 1


Date : 14/02/2019


1. By way of the present application under
Section 438 of the Code of Criminal
Procedure, 1973, the applicant-accused has
prayed for anticipatory bail in connection
with the FIR being C.R. No.I-3 of 2019
registered with Malpur Police Station,
District Aravalli for the offenses punishable
under Sections 498A, 306 and 114 of the
Indian Penal Code.

2. 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 himself available during
the course of investigation, trial also and
will not flee from justice.

3. Learned advocate for the applicant, on

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R/CR.MA/1751/2019 ORDER

instructions, 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 submits 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.

4. 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

5. Having heard the learned advocates for the
parties and perusing the material placed on
record as well as considering 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 also considered the aspects that
the applicant is a lady accused and general
allegations are levelled against the

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R/CR.MA/1751/2019 ORDER

applicant and no specific role is attributed.
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. as reported
at [2011] 1 SCC 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., as reported at
(1980) 2 SCC 665.

6. 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-3 of
2019 registered with Malpur Police Station,
District Aravalli 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 21.2.2019 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;

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R/CR.MA/1751/2019 ORDER

(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 her residence till the
final disposal of the case till further

(f) 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

(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;

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 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

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R/CR.MA/1751/2019 ORDER

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 in the present order.

10. Rule is made absolute to the aforesaid
extent. Direct service is permitted.


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