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Gujarat High Court · body

2016 DIGILAW 1997 (GUJ)

Arjanabhai Somabhai Bharwad v. State of Gujarat

2016-09-07

PARESH UPADHYAY

body2016
ORDER : PARESH UPADHYAY, J. This is an application for anticipatory bail. 2. The applicants have prayed for anticipatory bail in the event of their arrest in connection with C.R-I No. 139 of 2016 registered with the Vadaj Police Station, District: Ahmedabad for the offences punishable under Sections 143, 147, 149, 325, 324, 323, 294B and 506(2) of the Indian Penal Code, 1860. 3. Learned advocate for the applicants has invited the attention of this Court to the complaint and the nature of the allegation against the applicants and has submitted that, considering the totality the applicants 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 applicants in exercise of powers under Section 438 of the Code of Criminal Procedure, 1973. It is noted that pursuant to the earlier order of this Court, the applicants have already remained present before the concerned Investigating Officer for questioning. Considering the totality, the custodial interrogation of the applicants may not be required now. 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 applicants in connection with C.R-I No. 139 of 2016 registered with the Vadaj Police Station, District: Ahmedabad, the applicants shall be released on bail on their furnishing personal bond of Rs. 10,000/- (Rupees ten thousand only) each and one surety of the like amount, on the flowing conditions. (a) shall cooperate with the investigation and make themselves 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 them from disclosing such facts to the court or to any police officer; (c) 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. 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. 6.3 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. Direct service is permitted.