Gujarat High Court
Ashokkumar Parasmal Balotiya vs State Of Gujarat on 2 September, 2022
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/CR.MA/14788/2022 ORDER DATED: 02/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 14788 of 2022
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ASHOKKUMAR PARASMAL BALOTIYA
Versus
STATE OF GUJARAT
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Appearance:
MR DK CHAUDHARI(5361) for the Applicant(s) No. 1
MR. RONAK RAVAL, LD. ADDLPUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/09/2022
ORAL ORDER
1. Heard learned Advocate Mr. D.K. Chaudhari for the applicant and learned Additional Public Prosecutor Mr. Ronak Raval on behalf of the respondent-State.
2. By way of this application under Section 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail in connection with FIR No.11206043220253 of 2022 registered with Mehsana Taluka Police Station, District Mehsana, on 05.04.2022 for offences punishable under Sections 65(a), 65(e), 81 and 98(2) of the Prohibition Act.
3. Learned Advocate Mr. Chaudhari for the applicant would submit that the nature of allegations are such for which custodial interrogation of the applicant at this stage Page 1 of 6 Downloaded on : Mon Sep 05 21:13:12 IST 2022 R/CR.MA/14788/2022 ORDER DATED: 02/09/2022 is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.
4. Learned Advocate Mr. Chaudhari for the applicant on instructions states that the applicant is 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. Learned Advocate would further submit that upon filing of such application by the Investigating Agency, the right of applicant-accused to oppose such application on merits may be kept open.
5. This application has been vehemently opposed by learned Additional Public Prosecutor Mr. Raval appearing on behalf of the respondent-State, who would submit that looking to the nature and gravity of the offence the applicant may not be released on anticipatory bail by this Court.
6. Having heard the learned Advocates for the parties and having perused the investigating papers as well as documents on record, the following relevant aspects are considered by this Court:
[1] That the applicant has been arraigned as an Page 2 of 6 Downloaded on : Mon Sep 05 21:13:12 IST 2022 R/CR.MA/14788/2022 ORDER DATED: 02/09/2022 accused on the basis of the statement of the co- accused. The allegations being that the accused who had tried to bring the prohibited liquor from Rajasthan to Gujarat, had purchased the liquor from the shop of the present applicant.
[2] It appears that the present applicant is holding a license for having a liquor shop in the State of Rajasthan, and whereas it is not reflected that the present applicant was part of the conspiracy, more particularly, considering the submission made by learned advocate Mr. Chaudhari that the present applicant as a prudent businessman, had sold the material to a purchaser, whereas the applicant was not required to confirm where the material was going.
[3] It also appears, as per the statement made by the learned advocate Mr. Chaudhari that the present applicant is not having any criminal antecedents.
7. In this view of the matter and considering the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in (2011)1 SCC 694, this Court is inclined to consider this application.
8. In the result, the present application is allowed by directing that in the event of applicant herein being Page 3 of 6 Downloaded on : Mon Sep 05 21:13:12 IST 2022 R/CR.MA/14788/2022 ORDER DATED: 02/09/2022 arrested pursuant to the FIR No.11206043220253 of 2022 registered with Mehsana Taluka Police Station, District Mehsana , the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of like amount, on the following conditions:
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 09.09.2022 between 11:00 a.m. and 2:00 p.m.;
(c) shall mark his presence at the concerned Police Station once every two months for three times.;
(d) 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) 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) shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change his Page 4 of 6 Downloaded on : Mon Sep 05 21:13:12 IST 2022 R/CR.MA/14788/2022 ORDER DATED: 02/09/2022 residence till the final disposal of the case or till further orders;
(g) shall not leave India without the permission of the Court and, if having passports shall surrender the same before the Trial Court within a week.
9. Despite this order, it would be open for the Investigating Agency to file an application for police remand of the applicant to the competent Magistrate, if he thinks it just and proper and learned Magistrate would decide it on merits. 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 immediately, subject to other conditions of this anticipatory bail order.
10. At the trial, the Trial Court shall not be influenced by Page 5 of 6 Downloaded on : Mon Sep 05 21:13:12 IST 2022 R/CR.MA/14788/2022 ORDER DATED: 02/09/2022 the prima facie observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(NIKHIL S. KARIEL,J) Vahid Page 6 of 6 Downloaded on : Mon Sep 05 21:13:12 IST 2022