R/CR.MA/10777/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 10777 of 2018

TEJALBA KIRITSINH SODHA
Versus
STATE OF GUJARAT

Appearance:
MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1
MR JA ADESHRA(107) for the RESPONDENT(s) No. 1
MS MD MEHTA, LD.APP(2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 30/08/2018

ORAL ORDER

1. Heard learned advocates appearing for the
respective parties.

2. By way of the present application under Section
438 of the Code of Criminal Procedure, 1973, the applicant –
original accused has prayed to release her on anticipatory bail
in case of her arrest in connection with the FIR being
C.R.No.I-9 of 2018 registered with Naliya Police Station, for
the offence punishable under sections 498A, 323, 114, etc. of
the Indian Penal Code.

3. Mr.Ashish Dagli, learned advocate for the applicant
submits that the nature of allegations are such for which
custodial interrogation at this stage is not necessary. Besides,
the applicant is available during the course of investigation
and will not flee from justice. In view of the above, the
applicant may be granted anticipatory bail.

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R/CR.MA/10777/2018 ORDER

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 powers of Investigating Agency to file an application before
the competent Court for her remand. He would 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.

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
offence.

5. I have considered the allegations leveled against
the present applicant in the FIR and perused the papers of
investigation and considered the role attributed to the
applicant, who is sister-in-law of the complainant.

6. Having heard the learned counsel for the parties
and perusing the record of the case and taking into
consideration the facts of the case, nature of allegations, role
attributed to the accused and punishment prescribed for the
alleged offences, 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 v. State of Maharashtra
and Ors. reported in (2011)1 SCC 694, wherein the Hon’ble
Apex Court reiterated the law laid down by the Constitutional
Bench in the case of Shri Gurubaksh Singh Sibbia Ors.,
reported in (1980)2 SCC 565.

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R/CR.MA/10777/2018 ORDER

7. Learned counsel for the parties do not press for
further reasoned order.

8. In the result, the present application is allowed by
directing that in the event of applicant herein being arrested
pursuant to FIR being C.R.No.I-9 of 2018 registered with
Naliya Police Station, the applicant shall be released on bail
on furnishing a personal bond of Rs.10,000/- (Rupees Ten
Thousands 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 the concerned Police
Station on 05/09/2018 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 her from disclosing such facts to the
Court or to any police officer;

(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 or till further orders;

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R/CR.MA/10777/2018 ORDER

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

Court and, if having passports shall surrender the
same before the Trial Court within a week.

9. Despite this order, it would be open for the
Investigating Agency to file an application for police remand
of the applicant to the competent Magistrate, if he thinks it
just and proper and learned Magistrate would decide it on
merits. 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 of police remand, shall be set free immediately, subject
to other conditions of this anticipatory bail order.

10. 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. Rule is made absolute to the
aforesaid extent.

Direct service is permitted.

[A.J.DESAI, J.]
*dipti

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