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Gujarat High Court · body

2017 DIGILAW 1383 (GUJ)

Ketankumar Harshadbhai Mehta v. State of Gujarat

2017-08-08

G.R.UDHWANI

body2017
ORAL ORDER : G.R. UDHWANI, J. Rule. Learned APP waives service of rule on behalf of respondent-State. 2. This is an application by the applicants under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in the event of their arrest in connection with FIR registered at C.R. No.I-117 of 2017 before B-Division Police Station, Mehsana, for the offence under Sections 395, 323, 504, 427 and 452 of the Indian Penal Code. 3. On 5th July, 2017, this Court passed the following order in Criminal Misc. Application No. 16699 of 2017. “1. RULE. Learned APP waives service of Rule on behalf of the respondent-State. 2. This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.I-117 of 2017 before B-Division Police Station, Mehsana for the offence under Sections 395, 323, 504, 427 and 452 of the Indian Penal Code. 3. It is the case of the petitioner that wife of accused No. 1 was being blackmailed for sexual relationship on the strength of certain video clippings and pictures of her and in that regard the talks for compromise were initiated, during which the alleged offence has taken place. It was argued that offence in question predominantly is that of Section 323 of the Indian Penal Code. It was also pointed out that on failure of negotiation, wife of accused No. 1 has filed the complaint inter alia invoking Section 376(2) of the IPC. Learned Counsel also drawn attention of this Court to the role ascribed to the petitioner during the offence in question. 4. On the other hand, the learned APP appearing for the respondent-State has opposed this application pointing out to the nature and gravity of the offence. 5. This Court has heard the learned Advocates appearing for the respective parties. Prima-facie, it appears that predominant allegations are under Section 323 of the Indian Penal Code and in the light of the facts discussed above as pointed out by learned Counsel for the petitioner, this Court is inclined to grant anticipatory bail to the applicant. 6. 5. This Court has heard the learned Advocates appearing for the respective parties. Prima-facie, it appears that predominant allegations are under Section 323 of the Indian Penal Code and in the light of the facts discussed above as pointed out by learned Counsel for the petitioner, this Court is inclined to grant anticipatory bail to the applicant. 6. Learned Advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions, including impositions of conditions with regard to the powers of Investigating Agency to file an application before the competent court for his remand. He 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. 7. In the result, this application is allowed. It is directed that in the event of arrest of the applicant herein in connection with FIR registered at C.R. No.I-117 of 2017 before B-Division Police Station, Mehsana, the applicant shall be released on bail on his furnishing a personal bond of Rs. 10,000/- (Rupees ten thousands only) with one surety of the like amount on the following conditions that he shall: (a) cooperate with the investigation and make himself available for interrogation whenever required; (b) remain present at the concerned Police Station on 07/07/2017 between 11.00 a.m. and 2.00 p.m.; (c) 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/them from disclosing such facts to the court or to any police officer; (d) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; (e) 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) not leave India without the permission of the Court and if having passport, shall deposit the same before the 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 same on merits; 8. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for Police remand of the applicant. 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. 9. At the trial, the Trial Court shall not be influenced by the prima-facie observations made by this Court while enlarging the applicant on bail. Rule is made is made absolute. Direct service is permitted.” 4. For the same reasons, this application is also required to be allowed. Accordingly the petitioners are admitted to anticipatory bail subject to the following terms and conditions. 5. It is directed that in the event of arrest of the applicants herein in connection with FIR registered at C.R. No.I-117 of 2017 before B-Division Police Station, Mehsana, the applicants shall be released on bail on their furnishing a personal bond of Rs. Accordingly the petitioners are admitted to anticipatory bail subject to the following terms and conditions. 5. It is directed that in the event of arrest of the applicants herein in connection with FIR registered at C.R. No.I-117 of 2017 before B-Division Police Station, Mehsana, the applicants shall be released on bail on their furnishing a personal bond of Rs. 10,000/- (Rupees ten thousands only) each with one surety of the like amount on the following conditions that they shall: (a) cooperate with the investigation and make themselves available for interrogation whenever required; (b) remain present at the concerned Police Station on 10/08/2017 between 11.00 a.m. and 2.00 p.m.; (c) 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; (d) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; (e) at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change their residence till the final disposal of the case till further orders; (f) not leave India without the permission of the Court and if having passport, shall deposit the same before the 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 same on merits; 6. 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. 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. 7. At the trial, the Trial Court shall not be influenced by the prima-facie observations made by this Court while enlarging the applicants on bail. Rule is made is made absolute. 8. Direct service is permitted.