Dhanabhai Gopalbhai Patel vs State Of Gujarat on 27 May, 2022

[Cites 9, Cited by 1]

Gujarat High Court

Dhanabhai Gopalbhai Patel vs State Of Gujarat on 27 May, 2022

Bench: Samir J. Dave

     R/CR.MA/9393/2022                       ORDER DATED: 27/05/2022



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 9393 of 2022
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              DHANABHAI GOPALBHAI PATEL
                          Versus
                   STATE OF GUJARAT
======================================
Appearance:
MR HARDIK H DAVE(6295) for the Applicant(s) No. 1,2,3,4
MS MONALI H. BHATT, APP for the Respondent(s) No. 1
======================================
 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
                         Date : 27/05/2022
                           ORAL ORDER

1. Mr. Hardik H. Dave, learned advocate for the applicants does not press this application qua applicant No. 3.

2. Rule. Ms. Monali H. Bhatt, learned APP waives service of notice of Rule on behalf of respondent-State.

3. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R. No. 11821052220046 of 2022 with Piplod Police Station, Dahod for the offenses punishable under Sections 323, 354, 354(A), 504, 506(2), 114 of the Indian Penal Code, under Section 135 of the Gujarat Police Act and Section 12 of the POCSO Act.

4. Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail.

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R/CR.MA/9393/2022 ORDER DATED: 27/05/2022 Learned advocate for the applicant on instructions states that the applicants are 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 would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open.

5. 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 offence.

6. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

7. Having heard the learned advocate for the parties and perusing the investigating papers and as well as considering of the case 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 applicants. 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. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.

8. In the result, the present application qua applicant Nos. 1, 2 and 4 is allowed by directing that in the event of the said applicants being arrested pursuant to FIR registered as Page 2 of 4 Downloaded on : Fri May 27 20:54:14 IST 2022 R/CR.MA/9393/2022 ORDER DATED: 27/05/2022 C.R. No. 11821052220046 of 2022 with Piplod Police Station, Dahod, the applicants shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees ten thousand only) each with one surety of like amount on the following conditions:

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

(b) they shall remain present at concerned Police Station after a period of one week from the date of passing of this order between 11.00 a.m. and 2.00 p.m.;

(c) they shall not enter village Vadodar, Devgadh-Baria till charge-sheet is filed.

(d) they shall 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;

(e) they 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;

(f) they 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 orders;

(g) they shall 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

(h) 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;

9. 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 Page 3 of 4 Downloaded on : Fri May 27 20:54:14 IST 2022 R/CR.MA/9393/2022 ORDER DATED: 27/05/2022 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 order.

10. 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.

11. Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted.

(SAMIR J. DAVE, J.) Raj Page 4 of 4 Downloaded on : Fri May 27 20:54:14 IST 2022

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