Archana Sunilkumar Tripathi vs State Of Gujarat

Hasmukh D. Suthar, J

Rule. Learned APP waives service of notice of Rule for the respondent-State.

Heard learned advocates for the respective parties.

This application has been preferred under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the complaint dated 29.08.2023 being FIR No.0492 of 2023 registered with Habibganj Police Station, Bhopal City (M.P.) for the offence under Sections 420, 406, and 120-B of the Indian Penal Code, 1860.

Learned advocate for the applicants submits that on account of some dispute, the FIR is registered in Bhopal. It is, therefore, prayed that to grant transit/anticipatory bail to the applicants.

Taking into consideration the above facts and the law laid down by the Hon’ble Bombay High Court in the case of N.K. Nayar and Others vs. State of Maharashtra and Others reported in 1985 Cr.L.J. 1887 and Nikita Jacob vs. State of Maharashtra reported in 2021 SCC OnLine (Bom.) 1395, since this Court cannot usurp the jurisdiction of the competent Court, this Court is of the considered opinion that present application deserves to be partly allowed.

Accordingly, present application is allowed. The applicants herein shall not be arrested within the State of Gujarat in connection with the complaint dated 29.08.2023 being FIR No.0492 of 2023 registered with Habibganj Police Station, Bhopal City (M.P.), for a period of TWO WEEKS from the date of receipt of the present order. The applicants may approach the competent Court having territorial jurisdiction for the purpose of filing appropriate proceeding in connection with the said FIR. Rule is made absolute to the aforesaid extent.

It is hereby made clear that after the expiry of period of 14 days, the order of transit bail granted by this Court shall stand canceled automatically. Direct service is permitted.