Gujarat High Court
Nitin Prakashkumar Nautani vs State Of Gujarat on 8 March, 2017
Author: N.V.Anjaria
Bench: N.V.Anjaria
R/CR.MA/5293/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 5293 of
2017
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NITIN PRAKASHKUMAR NAUTANI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR ANIL H SONI, ADVOCATE for the Applicant(s) No. 1
MR L.B.DABHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 08/03/2017
ORAL ORDER
1. It is in connection with the F.I.R. dated 17.11.2016 bearing C.R.No.I-226 of 2016 with Sardarnagar Police Station, Ahmedabad that the present applicant-accused no.5 has presented this application under Section 438 of the Criminal Procedure Code,1973.
2. The offences are under Section 406, 420, 114 of the Indian Penal Code, 1860 read with Section 5 of the Prize Chit and Money Circulation Schemes (Banning),1978 and read with Sections 2 ,3 and 5 of the Gujarat Protection of Interest of Depositors Act,2003.
3. As the allegations mentioned in the F.I.R., it is stated that the complainant used to go to the vegetable shop which was run by accused no.1 and other family members. The present applicant no.5 was also one of the members running Page 1 of 6 HC-NIC Page 1 of 6 Created On Thu Mar 09 02:14:20 IST 2017 R/CR.MA/5293/2017 ORDER the shop. It was also stated that the complainant and another women who used to visit the vegetable shop, told by the vendors of the vegetables including the vendors of the shop that they were running the Prize Scheme in the name of "Ganesh Group of Friends Circle", whereunder the person has to deposite Rs.1000/- and there will be a lucky draw.
3.1 Thereafter, believing the words of the accused persons, complainant stated that she had given total amount of Rs.96,000/- which were never been returned. The complainant stated that thereafter, she realized that it was cheating committed under the lucky draw scheme and this led to file an F.I.R.
4. Mr.Anil H. Soni, learned advocate for the applicant pressing Anticipatory Bail for the applicant inter-alia submitted that all other accused persons have been released on Regular Bail according to the orders passed by learned Sessions Judge. It was further shown that accused no.4 has been released by this Court on Anticipatory Bail.
4.1. On the other hand, Mr.L.B.Dabhi, learned Additional Public Prosecutor, objected the grant of Anticipatory Bail submitting that it could be a chain of transaction and the seriousness of the offences were not discounted in any way.
5. As the Court was inclined to consider the case of the applicant for Anticipatory Bail, learned advocates for the respective parties submitted that they would not invite any reasons in detail apart from the fact that other accused persons have been released.
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6. Considering the nature of offences, allegations reflecting the role of the present applicant and other circumstances, this Court is of the opinion that this case is not one where the personal liberty of the applicant should be denied by forcing his arrest. The case is made out for exercising discretion and powers under Section 438 of the Criminal Procedure Code.
7. In the circumstances, In the facts and circumstances therefore availing personal liberty to the applicant has to be accorded primacy over forcing his arrest. The interests of the investigation could be balanced and could be protected by imposing appropriate conditions on the applicant for enjoying the protection against arrest.
8. In the circumstances, present application is allowed and it is directed that in the event of the applicant's arrest in connection with the F.I.R. being C.R.No.I-226 of 2016 with Sardarnagar Police Station, Ahmedabad on 17.11.2016, he shall be released forthwith on condition of his execution a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only).
9. The anticipatory bail granted by this Court shall be further governed and regulated by the following conditions.
[i] The applicant shall cooperate with the investigation. He will make himself available for interrogation and for all investigative purposes whenever required;
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[ii] The applicant shall not obstruct the process of
investigation in any manner. He shall not directly or indirectly induce threat or extend promise to any witness so as to dissuade and prevent such witness from disclosing such facts as may be required, to the Court or Police Officer;
[iii] The applicant shall at the time of execution of bond, furnish full address of his residence and stay to the Investigating Officer as well as to the Court concerned. He shall not change the residence without prior intimation to the Court concerned during the pendency of the prosecution in the criminal case;
[iv] The applicant shall not travel beyond the territory of the State of Gujarat without prior permission of the Court concerned;
[v] The applicant shall surrender passport, if any he is holding, before the Court concerned immediately;
[vi] The applicant shall appear before Sardarnagar Police Station, Ahmedabad on 14.03.2017 between 11.00 am and 02.00 pm. [vii] It shall remain open to the Investigating Officer to seek and file application for remand of the applicant, if in his discretion he considers the asking for remand of the applicant to be just and proper for the purpose of investigational needs. If such application for remand is made by the Investigating Officer, the learned Magistrate concern would consider the same on merits without being influenced by the anticipatory Page 4 of 6 HC-NIC Page 4 of 6 Created On Thu Mar 09 02:14:20 IST 2017 R/CR.MA/5293/2017 ORDER bail granted.
10. It is therefore clarified that despite this order, the investigating agency is not precluded from applying before the competent Magistrate for police remand of the applicant. It is further provided that the applicant shall remain present before the Magistrate concerned on the first day of such application, if made, and on all such subsequent occasions as may be directed by the learned Magistrate in such proceedings.
10.1 This would be sufficient to treat the accused as in judicial custody for the purpose of entertaining the application for remand by the prosecution. This liberty available to the prosecution to seek remand shall be without prejudice to the rights of the accused to contend against or to seek stay against the remand. It is further clarified that the applicant even if remanded to the police custody, after completion of the remand period; shall be set at liberty immediately, subject to other conditions of this anticipatory bail order, to be complied with.
10.2 It is clarified that the observations made in this order are for the purpose of granting prearrest protection only. It is further clarified that the trial court shall not be influenced by any of the observations made in this order and the same shall be treated for the above purpose only.
11. The present application is allowed in the aforesaid terms. Rule is made absolute.
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