R/CR.MA/23092/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 23092 of
2017
VANITA MAHENDRABHAI CHAUHAN….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR. RAHUL K RAJPUT, ADVOCATE for the Applicant(s) No. 1
MR MEHUL M MEHTA, ADVOCATE for the Respondent(s) No. 1
MR KP RAVAL ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 05/10/2017
ORAL ORDER
1. Heard learned advocate for the applicant and the learned APP for the
respondentState.
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 and 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 171 of 2017 with Shahibaugh Police Station.
3. Learned advocate appearing on behalf of the applicant would
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submit that considering the nature of offence, the applicant may be
enlarged on anticipatory bail by imposing suitable conditions.
4. On the other hand, the learned APP appearing for the
respondentState has opposed this application to the nature and gravity
of the offence.
5. This court has hear the learned advocates appearing for the
respective parties and perused the investigation papers. Considering
the nature of accusations against the applicants and the nature of
contents in the FIR, as also nature of statement of the deceased in
electronical communication with her niece Vishwa, in the opinion of this
Court, the case for admitting the applicants to anticipatory bail is made
out.
6. Learned Advocate for the applicant on instructions states that the
applicant is ready and willing to abide by all the conditions, including
impositions of conditions with regard to the powers of Investigating
Agency to file an application before the competent court for his 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.
7. In the result, this application is allowed. It is directed that in the
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event of arrest of the applicant herein in connection with FIR registered
at C.R. No.I 171 of 2017 at Shahibaug Police Station, the applicant
shall be released on bail on his furnishing a personal bond of
Rs.10,000/ (Rupees ten thousands only) with one surety of the like
amount on the following conditions that he shall:
(a) cooperate with the investigation and make himself
available for interrogation whenever required;
(b) remain present at the concerned Police Station on
07.10.2017 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 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 his 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
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application for remand if he considers it proper and just and
the learned Magistrate would decide the same on merits;
8. 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 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.
9. 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 is made absolute. Direct service is permitted.
(G.R.UDHWANI, J.)
niru*
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