R/CR.MA/28419/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 28419 of
2017
DAMYANTIBEN HIMATSINH CHARAN….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR M.IQBAL A SHAIKH, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 29/11/2017
ORAL ORDER
1. 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 and 114 of the Indian Penal Code ( for short ‘the
IPC) for which FIR came to be registered at C.R. No.I 170 of 2017 with
Kagdapith Police Station.
2. 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. Learned
Advocate for the applicant on instructions states that the applicant is
ready and willing to abide by all the conditions, including the condition
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with regard to the powers of Investigating Agency to seek remand of the
petitioner; subject to the petitioners right to oppose it.
3. On the other hand, the learned APP appearing for the
respondentState has opposed this application.
4. Having considered the rival contentions; in absence of the
specific allegations making out the offence under section 306/498A of
IPC, the discretion is required to be exercised in favour of the petitioner
by admitting her to bail in anticipation of her arrest.
5. In the result, this application is allowed. It is directed that in the
event of arrest of the applicant herein in connection with FIR registered
at C.R. No.I170 of 2017 at Kagdapith Police Station, the applicant
shall be released on bail on her furnishing a personal bond of
Rs.10,000/ (Rupees ten thousands only) with one surety of the like
amount on the following conditions that she shall:
(a) cooperate with the investigation and make herself
available for interrogation whenever required;
(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
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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
not change her residence till the final disposal of the case
till further orders;
(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;
6. 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
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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.
7. 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 above extent. Direct service is
permitted.
(G.R.UDHWANI, J.)
niru*
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