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Gujarat High Court

Arvindbhai Amarabhai Katara vs State Of Gujarat on 29 November, 2022

      R/CR.MA/10379/2022                             ORDER DATED: 29/11/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 10379 of 2022

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                           ARVINDBHAI AMARABHAI KATARA
                                       Versus
                                STATE OF GUJARAT
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Appearance:
MR VISHVAJITSINH D CHAUHAN(10160) for the Applicant(s) No. 1,2
MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1,2
MS. CHETNA SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                 Date : 29/11/2022

                                   ORAL ORDER

Report of Police Sub-inspector, Idar Police Station is taken on record.

[1] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants - original accused have prayed to release them on anticipatory bail in case of them arrest in connection with the FIR registered as C.R No. 11209020220695 of 2022 before Idar Police Station, District: Sabarkantha for the offences under Sections 323, 294(A), 504, 506(2), 114 of the Indian Penal Code and u/s. 135 of Gujarat Police Act.

[2] Heard learned advocate for the applicants and learned Additional Public Prosecutor for the respondent - State.

[3] Learned advocate for the applicants submits that applicant Page 1 of 5 Downloaded on : Sat Dec 24 00:41:31 IST 2022 R/CR.MA/10379/2022 ORDER DATED: 29/11/2022 No.2 is lady. He has also submitted that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the applicants will be available during the course of investigation and will not flee away from the justice. In view of the above, the applicants may be enlarged on anticipatory bail by imposing suitable conditions.

[4] Learned advocate for the applicants on instructions states that the applicants are 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 for the applicants further submits that upon filing of such application by the Investigating Agency, the right of applicants to oppose such application on merits may be kept open.

[5] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail on the grounds that considering the nature and gravity of the offence.

[6] Considering the allegations made in the FIR and report submitted by the concerned Investigating Officer and also considering that the applicant No.2 is lady accused and the role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant anticipatory bail to the applicants.

R/CR.MA/10379/2022 ORDER DATED: 29/11/2022 [7] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Shri Gurubaksh Singh Sibbia & Ors., reported at (1980) 2 SCC 665 and in the case of Sushila Aggarwal Vs. State (NCT of Delhi) reported in AIR 2020 SC 831.

[8] In the result, the present application is allowed by directing that in the event of applicants herein being arrested pursuant to FIR registered as C.R No. 11209020220695 of 2022 before Idar Police Station, District: Sabarkantha, the applicants shall be released on bail on furnishing a personal bond of Rs.10,000/- each (Rupees Ten Thousand only) with one surety of like amount on the following conditions that the applicants shall :

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

(b) applicant No. 1. shall remain present at concerned Police Station on 6.12.2022 between 11.00 a.m. and 2.00 p.m.;

(c) applicant No.2 being lady, as and when the Investigating Agency need her presence, he may inform the lady accused before 24 hours.

(d) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the court or to any police officer;

(e) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be Page 3 of 5 Downloaded on : Sat Dec 24 00:41:31 IST 2022 R/CR.MA/10379/2022 ORDER DATED: 29/11/2022 collected by the police;

(f) at the time of execution of bond, furnish the addresses to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;

(g) not leave India without the permission of the Court and if having passports shall deposit the same before the Trial Court within a week; and

(h) 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;

[9] 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. At the trial, the Trial Page 4 of 5 Downloaded on : Sat Dec 24 00:41:31 IST 2022 R/CR.MA/10379/2022 ORDER DATED: 29/11/2022 Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail. Rule is made absolute.

Direct service is permitted.

(HEMANT M. PRACHCHHAK,J) BEENA SHAH Page 5 of 5 Downloaded on : Sat Dec 24 00:41:31 IST 2022