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Rajnikant @ Munno Bhagwanbhai … vs State Of Gujarat on 7 September, 2017

R/CR.MA/20729/2017 ORDER



STATE OF GUJARAT….Respondent(s)

MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1


Date : 07/09/2017


1. 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-66 of 2017 with “A” Division Police Station,

Gandhidham, Kutch for the offence punishable under Sections

376(D) (E), 504 and 506(2) of the Indian Penal Code.

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 Additional 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.

Following aspects are also considered:-

(I) the allegations in the FIR, which go on to suggest that
the applicant and prosecutrix were in relation consensually
to the notice of the complainant.

(II) the statement of the learned advocate for the applicant

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that the applicant and the prosecutrix had in fact entered
into marriage also.

5. 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.

6. 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 as C.R. No. I-66 of 2017 with

“A” Division Police Station, Gandhidham, Kutch, 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 :

(a) shall cooperate with the investigation and make himself
available for interrogation whenever required;

(b) shall remain present at the concerned Police Station on
13.09.2017 between 11.00 AM and 02.00 PM;

(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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(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 his 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 the same on merits;

7. 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 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

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of Police remand, shall be set free immediately, subject to other

conditions of this anticipatory bail order.

8. 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.)

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