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Rozmina Irfanuddin Kaji vs State Of Gujarat on 1 May, 2019

R/CR.MA/8479/2019 ORDER




MR NIRAD D BUCH(4000) for the Applicant(s) No. 1,2
MRS. BHAVINI N. BUCH(5403) for the Applicant(s) No. 1,2
MR LB DABHI, APP (2) for the Respondent(s) No. 1


Date : 01/05/2019


1. Rule. Learned APP waives service of notice of
Rule on behalf of respondent­State.

2. By way of the present application under Section
438 of the Code of Criminal Procedure, 1973, the
applicants­accused have prayed for anticipatory
bail in connection with the FIR being C.R.
No.15/2019 registered with Shahpur Police
Station, District Ahmedabad for the offenses
punishable under Sections 306, Section498A and Section114 of
the Indian Penal Code.

3. Learned advocate for the applicants submits that
the nature of allegations are such for which
custodial interrogation at this stage is not
necessary. He further submits that the
applicants will keep himself available during
the course of investigation, trial also and will

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R/CR.MA/8479/2019 ORDER

not flee from justice.

4. Learned advocate for the applicants on
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 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. Learned
advocate, therefore, submitted that considering
the above facts, the applicant may be granted
anticipatory bail.

5. 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 offence.

6. Having heard the learned advocates for the
parties and perusing the material placed on
record and taking into consideration 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.

7. This Court has considered the following

(a) the applicant no.1 is a lady accused aged 18
years and applicant no.2 is aged about 17 years.

(b) the applicants are the first cousin of the

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R/CR.MA/8479/2019 ORDER

husband of the deceased.

(c) in view of the aforesaid, this Court is
inclined to exercise discretion in favour of the

8. 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., 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. Vs. State of Punjab, reported at (1980) 2
SCC 565.

9. In the result, the present application is
allowed. The applicants are ordered to be
released on bail in the event of their arrest in
connection with a FIR being C.R. No.15/2019
registered with Shahpur Police Station, District
Ahmedabad on their executing a personal bond of
Rs.10,000/­ (Rupees Ten Thousand Only) each with
one surety of like amount on the following

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

(b) shall remain present at concerned Police
Station on 8.5.2019 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/8479/2019 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 his residence till the final
disposal of the case till further orders;

(f) shall not leave India without the
permission of the Sessions 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

10. 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

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R/CR.MA/8479/2019 ORDER

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.

11. At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court in the present order.

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.


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