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Vallabhabhai Haribhai … vs State Of Gujarat on 1 April, 2019

R/CR.MA/3402/2019 ORDER




MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR JK SHAH, APP(2) for the Respondent(s) No. 1


Date : 01/04/2019


1. By way of the present application under
Section 438 of the Code of Criminal
Procedure, 1973, the applicant-accused has
prayed for anticipatory bail in connection
with the FIR being C.R. No. I – 18 of 2019
registered with Morbi Taluka Police Station,
Morbi for the offenses punishable under
Sections 306, 498A and 114 of the Indian
Penal Code.

2. Learned advocate for the applicant submits
that the nature of allegations are such for
which custodial interrogation at this stage
is not necessary. He further submits that the
applicant will keep himself available during
the course of investigation, trial also and
will not flee from justice.

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R/CR.MA/3402/2019 ORDER

3. 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 his remand. He 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. Learned advocate,
therefore, submitted that considering the
above facts, the applicant may be granted
anticipatory bail.

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

5. Having heard the learned advocates for the
parties and perusing the material placed on
record and taking into consideration the
facts of the case, nature of allegations,
gravity of offences, role attributed to the
accused, without discussing the evidence in
detail, at this stage, I am inclined to grant
anticipatory bail to the applicant. This
Court has also considered the aspects that;

(i) the applicant is father-in-law of the

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R/CR.MA/3402/2019 ORDER

deceased; (ii) co-accused Mayur is released
on regular bail; (iii) looking to the
allegations levelled against the applicant,
this application is granted. This Court has
also taken into consideration the law laid
down by the Hon’ble Apex Court in the case of
Siddharam Satlingappa Mhetre Vs. State of
Maharashtra and Ors., reported at [2011] 1
SCC 694, wherein the Hon’ble Apex Court
reiterated the law laid down by the
Constitution Bench in the case of Shri
Gurubaksh Singh Sibbia Ors. Vs. State of
Punjab, reported at (1980) 2 SCC 665.

6. In the result, the present application is
allowed. The applicant is ordered to be
released on bail in the event of his arrest
in connection with a FIR being C.R. No. I –
18 of 2019 registered with Morbi Taluka
Police Station, Morbi on his executing a
personal bond of Rs.10,000/- (Rupees Ten
Thousand Only) with one surety of like amount
on the following conditions:

(a) shall cooperate with the investigation
and make himself available for
interrogation whenever required;

(b) shall remain present at concerned Police
Station on 8.4.2019 between 11.00 a.m.
and 2.00 p.m.;

(c) shall not directly or indirectly make

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R/CR.MA/3402/2019 ORDER

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) 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 his residence till the
final disposal of the case till further

(f) shall not leave India without the
permission of the Sessions Court and if
having passport shall deposit the same
before the Trial Court within a week;

(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 it on merits;

7. Despite this order, it would be open for the
Investigating Agency to apply to the
competent Magistrate, for police remand of

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R/CR.MA/3402/2019 ORDER

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.

8. At the trial, the Trial Court shall not be
influenced by the prima facie observations
made by this Court in the present order.

9. Rule is made absolute to the aforesaid
extent. Direct service is permitted.


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