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Unknown vs State Of Gujarat on 12 January, 2018

R/CR.MA/665/2018 ORDER



STATE OF GUJARAT….Respondent(s)

MR ANKIT Y BACHANI, ADVOCATE for the applicants(s) No. 1 – 2
MR. J.K.SHAH, APP, for the Respondent(s) No. 1


Date : 12/01/2018

Rule. Learned APP waives service of notice of rule.

1. This is an application by the applicants under Section 438 of
the Code of Criminal Procedure, 1973, for anticipatory bail in the
event of their arrest in connection with FIR registered at C.R. No.I-
165 of 2017 before Deesa Rural Police Station for the offence
punishable under Sections 498A, 306 and 114 of the IPC.

2. Heard learned advocate for the applicants and learned APP
for the respondent State.

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

4. Learned advocate for the applicants has pointed out that
the allegations against the applicants under Section 498A and

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R/CR.MA/665/2018 ORDER

306 of the Indian Penal Code are general in nature and no
specific overt act is alleged against the applicants.

5. Having regard to the aforesaid fact, the case of
admitting the applicants to bail in anticipation of their arrest
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- 165 of 2017 at Deesa Rural 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 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
15/01/2018 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 from disclosing
such facts to the court or to any police officer;

(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 intimate the change of
address, if any, to the court and I.O.

(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

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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 absolute. Direct service is


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