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Shivani Vikrant Sharma & 2 vs State Of Gujarat on 29 November, 2017

R/CR.MA/28599/2017 ORDER


NO. 28599 of 2017

STATE OF GUJARAT….Respondent(s)

MR DIPAK R DAVE, ADVOCATE for the Applicant(s) No. 1 – 3
MR JK SHAH, APP for the Respondent(s) No. 1


Date : 29/11/2017


1. Heard learned Advocate for the applicants and learned APP
for the respondent-State.

2. This application is filed seeking bail under Section 438 of the
Code of Criminal Procedure, 1973 in respect of the offences
punishable under Sections 306, 498A, 114 of the Indian Penal Code
and under Sections 3 and 7 of the Dowry Prohibition Act for which
FIR came to be registered at C.R. No.I-14 of 2017 with Narol Police

3. Learned advocate appearing on behalf of the applicants on
instructions submits that the applicants are ready and willing to
abide by all the conditions, including the condition with regard to
the powers of Investigating Agency to seek remand of the
petitioners; subject to the petitioners’ right to oppose it.

4. On the other hand, the learned APP appearing for the
respondent-State has opposed this application.

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R/CR.MA/28599/2017 ORDER

5. Having considered the nature of accusation, more

particularly, the general allegations made against the petitioners
after 10 days of the death of the deceased, the case for admitting
the petitioners to anticipatory bail in absence of apprehension
against the petitioners tampering with the evidence or threating
the witnesses, fleeing from justice at this stage, without discussing
the evidence in detail, is made out.

6. In the result, this application is allowed. It is directed that in
the event of arrest of the applicants herein in connection with FIR
registered at C.R. No.I-14 of 2017 with Narol Police Station,
the applicants shall be released on bail on their furnishing a
personal bond of Rs.10,000/- (Rupees ten thousands only) each with
one surety each of the like amount on the following conditions that
they shall:

(a) cooperate with the investigation and make
themselves available for interrogation whenever

(b) remain present at the concerned Police Station on
04.12.2017 between 11.00 a.m. and 2.00 p.m.;

(c) 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

(d) 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) at the time of execution of bond, furnish the address
to the investigating officer and the court concerned and
shall not change their residence till the final disposal of
the case till further orders;

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R/CR.MA/28599/2017 ORDER

(f) 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 applicants. The applicants 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 applicants, 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

8. At the trial, the Trial Court shall not be influenced by the
prima-facie observations made by this Court while enlarging the
applicants on bail. Rule is made is made absolute.

Direct service is permitted.



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