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Gujarat High Court · body

2016 DIGILAW 1994 (GUJ)

Ashish Manishbhai Mehta v. State of Gujarat

2016-09-07

PARESH UPADHYAY

body2016
ORDER : PARESH UPADHYAY, J. This is an application for anticipatory bail. 2. The applicant has prayed for anticipatory bail in the event of his arrest in connection with C.R-I No. 61 of 2016 registered with the Aslali Police Station, District: Ahmedabad for the offences punishable under Sections 465, 467, 468, 471 and 120(B) of the Indian Penal Code. 3. Learned advocate for the applicant has invited the attention of this Court to the complaint and the nature of the allegation against the applicant and has submitted that, considering the totality the applicant be granted anticipatory bail. 4. On the other hand, learned APP has contested this application and has opposed the grant of anticipatory bail. 5. Having heard learned advocates for the respective parties and having gone through the material on record, and which is made available to the Court by learned Additional Public Prosecutor, this Court finds that, this is the fit case to grant anticipatory bail to the applicant in exercise of powers under Section 438 of the Code of Criminal Procedure, 1973. It is noted that the plain reading of the complaint itself indicate prima facie that there is lack of bona fide on the part of the complainant. Custodial interrogation of the applicant would not be required in the facts of the case. 6. In view of above, the following order is passed. 6.1 This application is allowed. 6.2 It is directed that, in the event of arrest of the applicant in connection with C.R-I No. 61 of 2016 registered with the Aslali Police Station, District: Ahmedabad, the applicant shall be released on bail on his furnishing personal bonds of Rs. 10,000/- (Rupees ten thousand only) and one surety of the like amount, on the following conditions. (a) shall co-operate with the investigation and make himself available for interrogation whenever required; (b) 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; (c) shall not obstruct or hamper the police investigation and shall not play mischief with the evidence collected or yet to be collected by the police. 6.3 At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while recording this order. 6.4 Rule is made absolute. 6.3 At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while recording this order. 6.4 Rule is made absolute. 7. Direct service is permitted.