R/CR.MA/31430/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 31430 of
2017
ANAMIKABEN D/O KARSANBHAI VITHALBHAI RATHOD 1….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR SALIM M SAIYED, ADVOCATE for the Applicant(s) No. 1 – 2
MR JK SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 09/01/2018
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, 498A, 323 and 114 of the Indian Penal Code ( for
short ‘the IPC’) for which FIR came to be registered at C.R. No.I 185 of
2017 with Kagdapith Police Station.
2. Learned advocate appearing on behalf of the applicants would
submit that considering the nature of offence, the applicants may be
enlarged on anticipatory bail by imposing suitable conditions. Learned
Advocate for the applicants on instructions states that the applicants are
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
petitioners; 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. Learned counsel for the petitioner has pointed out the vague and
general nature of allegations against the petitioners. Learned APP is
unable to point out any specific allegations of serious nature against the
petitioners. Thus the case for admitting the petitioners to bail in
anticipation of their arrest is made out.
5. 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.I185 of 2017 at Kagdapith 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 required;
(b) remain present at the concerned Police Station on
20.01.2018 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
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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 their 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
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
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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 order.
7. 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 to the above extent. Direct service is
permitted.
(G.R.UDHWANI, J.)
niru*
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