Amthabhai Ramabhai Chaudhari vs State Of Gujarat on 5 July, 2019

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Gujarat High Court

Amthabhai Ramabhai Chaudhari vs State Of Gujarat on 5 July, 2019

Bench: Vipul M. Pancholi

       R/CR.MA/8687/2019                                                ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL MISC.APPLICATION NO. 8687 of 2019
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               AMTHABHAI RAMABHAI CHAUDHARI
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR MALAV M MULANI(8844) for the Applicant(s) No. 1,2
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
MR RUCHIR A PATEL(7954) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
                    Date : 05/07/2019
                     ORAL ORDER

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicantsaccused have prayed for anticipatory bail in connection with the FIR being C.R.No.II- 27 of 2019 registered with Radhanpur Police Station, District Patan, for the offence punishable under Sections 506(2), 114 and 354 of the Indian Penal Code and Section 18 of the Protection of Children from Sexual Offences Act.

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

3. Learned advocate for the applicants on instructions states that the applicant is ready and willing to abide by all the conditions Page 1 of 5 Downloaded on : Thu Jul 11 00:59:08 IST 2019 R/CR.MA/8687/2019 ORDER including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for their remand. He further submits 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. Learned advocate, therefore, submitted that considering the above facts, the applicants 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 offence.

5. Mr.Ruchir A. Patel, learned advocate for the complainant, has submitted that the complainant has initially filed an affidavit in the present proceedings opposing this application. Now, the additional affidavit is filed by the father of the complainant. The same is taken on record. It is stated in the said affidavit that the entire dispute is settled with the present applicants and, therefore, if the applicants are enlarged on anticipatory bail, he has no objection

6. 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 offence, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant Page 2 of 5 Downloaded on : Thu Jul 11 00:59:08 IST 2019 R/CR.MA/8687/2019 ORDER anticipatory bail to the applicants.

7. This Court has also considered the following aspects:

(a) initially, the complainant has filed an affidavit in the present proceedings opposing this application. Now, the additional affidavit is filed by the father of the complainant. The same is taken on record. It is stated in the said affidavit that the entire dispute is settled with the present applicants and, therefore, if the applicants are enlarged on anticipatory bail, he has no objection;

(b) learned advocate for the complainant has identified the father of the complainant as well as the complainant, who are present in the Court;

(c) in view of the aforesaid development, which have taken place, without further going into the merits of the case, this Court is inclined to exercise discretion in favour of the applicants.

8. 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 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, as reported at (1980) 2 SCC 565.

9. In the result, the present application is allowed. The applicants are ordered to be Page 3 of 5 Downloaded on : Thu Jul 11 00:59:08 IST 2019 R/CR.MA/8687/2019 ORDER released on bail in the event of their arrest in connection with a FIR being C.R.No.II-27 of 2019 registered with Radhanpur Police Station, District Patan, on their executing a personal bond of Rs.10,000/ (Rupees Ten Thousand Only) each with one surety of like amount on the following conditions:

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

(b) shall remain present at concerned Police Station on 12.07.2019 between 11.00 a.m. and 2.00 p.m.;

(c) 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;

(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 orders;

(f) shall not leave India without the permission of the Trial 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 it on merits;

Page 4 of 5 Downloaded on : Thu Jul 11 00:59:08 IST 2019

R/CR.MA/8687/2019 ORDER

10. 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 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.

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

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 5 of 5 Downloaded on : Thu Jul 11 00:59:08 IST 2019

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