Pooja @ Prachi D/O Mukeshbhai Patel vs State Of Gujarat on 22 January, 2018

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Gujarat High Court

Pooja @ Prachi D/O Mukeshbhai Patel vs State Of Gujarat on 22 January, 2018

Bench: G.R.Udhwani

                   R/CR.MA/1598/2018                                                 ORDER




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1598 of
                                      2018
         ============================================================
         ====
                POOJA @ PRACHI D/O MUKESHBHAI PATEL....Applicant(s)
                                     Versus
                         STATE OF GUJARAT....Respondent(s)
         ================================================================
         Appearance:
         JAGAT V PATEL, ADVOCATE for the Applicant(s) No. 1
         MR MITESH AMIN PUBLIC PROSECUTOR for the Respondent(s) No. 1
         ================================================================
          CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

                                           Date : 22/01/2018


                                            ORAL ORDER

1. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 406, 420, 170 and 114 of the Indian Penal Code for which FIR came to be registered at C.R. No.I 109 of 2017 with Gambhoi 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 with regard to the powers of Investigating Agency to seek remand of the petitioner; subject to the petitioner right to oppose it.




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HC-NIC                                       Page 1 of 4      Created On Mon Jan 22 23:57:12 IST 2018
                   R/CR.MA/1598/2018                                              ORDER

3. On the other hand, the learned APP appearing for the respondentState has opposed this application.

4. Similarly situated accused has been admitted to bail by an order passed in Criminal Misc. Application No. 6 of 2018 on 15.01.2018. The petitioner is thus admitted 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.I109 of 2017 at Gambhoi 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 31.01.2018 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 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 Page 2 of 4 HC-NIC Page 2 of 4 Created On Mon Jan 22 23:57:12 IST 2018 R/CR.MA/1598/2018 ORDER 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 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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Mon Jan 22 23:57:12 IST 2018 R/CR.MA/1598/2018 ORDER 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* Page 4 of 4 HC-NIC Page 4 of 4 Created On Mon Jan 22 23:57:12 IST 2018

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