Patel Ranchhodbhai Shankerdas vs State Of Gujarat on 6 July, 2015

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Gujarat High Court

Patel Ranchhodbhai Shankerdas vs State Of Gujarat on 6 July, 2015

Bench: Z.K.Saiyed

         R/CR.MA/11902/2015                                      ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (ANTICIPATORY BAIL ) NO. 11902 of 2015
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           PATEL RANCHHODBHAI SHANKERDAS....Applicant(s)
                             Versus
                 STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR AJ SHASTRI, ADVOCATE for the Applicant(s) No. 1
MR.R.C.KODEKAR, APP, for the Respondent(s) No. 1
================================================================
          CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED

                              Date : 06/07/2015
                                ORAL ORDER

1. This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with the FIR bearing CR No. I-111 of 2015 registered with Vijapur Police Station, Mehsana for the offences punishable under Sections354, 394, 342, 504, 111 of the Indian Penal Code and under Section135 of the Gujarat Police Act.

2. Heard Mr.A.J.Shastri, learned advocate for the applicant. Mr.Shastri, has contended that as per the contents of the complaint, no primafacie case is made against the present applicant. He further contended that even from the footage of CCTV camera, nothing is established and presence of applicant accused is not established. He then contended that the present applicant is aged about 72 years and is unable to walk without stick and he is wrongly involved in the present case. He lastly contended that if the applicant may be enlarged on anticipatory bail, he will be available before the Investigating Officer for the investigation Page 1 of 4 R/CR.MA/11902/2015 ORDER and interrogation.

3. Heard Mr.R.C.Kodekar, learned APP for the respondent State. Mr.Kodekar, has vehemently opposed the present application and contended that contentions raised by the learned advocate for the applicant in the application seeking anticipatory bail, cannot be considered and anticipatory bail may not be granted to present applicant as serious allegations are made against him.

4. Perused the police papers. Learned trial Judge has discussed at length the issue at para6 of the judgment. It is true that footage of the CCTV Camera was taken, eventhough, nothing was established. Present applicant has served as Sarpanch of village Pundhra and at present is managing the school and is also a President of Kadva Patidar Samaj and Manadali.

5. Having considered the rival submissions and on perusal of the FIR at AnnexureA to the application, the applicant is booked for the offences punishable under Section354, 394, 342, 504, 111 of the Indian Penal Code and under Section135 of the Gujarat Police Act. It is required to be considered that main ingredients of the aforesaid Section of the Indian Penal Code are not attracted prima facie. At this stage of bail, this Court is not entering into merit of the case. In view of the above facts and circumstances of the case and without entering into merits of the case, I am inclined to exercise my discretion in favour of the applicant.

6. The application is allowed. The applicant is granted bail in the event of his arrest in connection with CR No. I-111 of 2015 registered with Vijapur Police Station, Mehsana for the offences as Page 2 of 4 R/CR.MA/11902/2015 ORDER alleged in FIR on his executing a bond of Rs.10,000/ [Rupees Ten thousand 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 and wherever required. [b] shall remain present at the concerned Police Station on 08.07.2015 at 11.00 AM.

[c] shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] at the time of execution of bond, furnish him residential address to the investigating officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;

[e] not leave State of Gujarat without the permission of the Court and, if holding a passport, he shall surrender the same before the Trial Court within a week;

[f] not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police;

7. It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.

8. At the trial, the Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.

Page 3 of 4

R/CR.MA/11902/2015 ORDER

9. The applicant is permitted to obtain regular bail as per the established provision of law, within suitable time.

Rule made absolute. Direct service is permitted.

(Z.K.SAIYED, J.) siddharth Page 4 of 4

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