Gujarat High Court
Neha W/O Dharmesh Patel vs State Of Gujarat on 13 December, 2023
NEUTRAL CITATION
R/CR.MA/22103/2023 ORDER DATED: 13/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 22103
of 2023
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NEHA W/O DHARMESH PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR PARTHIV B SHAH(2678) for the Applicant(s) No. 1
MS CHETNA SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 13/12/2023
ORAL ORDER
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant- accused has prayed for anticipatory bail in connection with the FIR being No. 11216025230491 of 2023 registered with Santej Police Station, Gandhinagar for the offences punishable under Sections 65(a), 65(e), 81, 83 and 98(2) of Gujarat Prohibition Act.
2.1 Learned advocate for the applicant has submitted that no specific role has been attributed qua the present applicant in commission of offence in question.
2.2 Learned advocate 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. He Page 1 of 5 Downloaded on : Thu Dec 14 20:43:50 IST 2023 NEUTRAL CITATION R/CR.MA/22103/2023 ORDER DATED: 13/12/2023 undefined further submitted 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. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail contending that the applicant being lady should not involve in such offence. She submitted that present applicant was actively involved in the offence in question and she was one of the accused who was interested in commission of such offence in question and therefore she submitted to dismiss the present application.
4. Heard learned advocates for the parties and perused the record.
5.1 As per the case of the prosecution itself, when the place of information was raided by the police authority, the present applicant was not found at the place of incident nor the place belongs to the present applicant. No other offence is registered against the present applicant. Considering these aspects, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.
5.2 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 Page 2 of 5 Downloaded on : Thu Dec 14 20:43:50 IST 2023 NEUTRAL CITATION R/CR.MA/22103/2023 ORDER DATED: 13/12/2023 undefined Maharashtra and Ors., 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, reported at (1980) 2 SCC 565. Further, this Court has also taken into consideration the ratio laid down in the case of Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Anr. in Special Leave Petition No. 7281-7282/2017 dated 29.01.2020.
6. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of her arrest in connection with aforesaid FIR on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions:
(a) shall cooperate with the investigation and make available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 22.12.2023 between 12.00 Noon 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;
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(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 concerned trial court and if having passport shall deposit the same before the concerned 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 the remand application without being influenced of the observations made by this Court;
7. 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.
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8. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.
9. Rule is made absolute. Direct service is permitted.
(M. R. MENGDEY,J) MISHRA AMIT V. Page 5 of 5 Downloaded on : Thu Dec 14 20:43:50 IST 2023