Hemantkumar vs State of Gujarat

Anant S. Dave, J.—This application u/s 438 of Code of Criminal Procedure, 1973 for anticipatory bail is filed in connection with first information report registered at C.R. No. I-12/2013 with Khadia Police Station, Ahmedabad for the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code. Learned advocate for the applicant submits that considering the role attributed to the applicant, nature of allegations and the applicant has roots in the society, will not flee from the course of justice and is available for investigation and the applicant has no criminal antecedents, the applicant may be granted anticipatory bail by imposing suitable conditions.

Heard learned APP for the respondent-State.

Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations role attributed to the accused and punishment prescribed for the alleged offences without discussing the evidence in detail at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Others, , wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurbaksh Singh Sibbia and Others Vs. State of Punjab, .

Considering the facts and circumstances as above and willingness to cooperate with the investigation and further availability during the course of trial, if necessary, he is ordered to be enlarged on bail.

In the result, this application is allowed by directing that in the event of the applicant herein being arrested pursuant to FIR being C.R. No. I-12/2013 with Khadia Police Station, Ahmedabad, the applicant shall be released on bail on furnishing a bond of Rs. 10,000/-(Rupees ten thousand only) with one surety of like amount of following conditions:-

(a) shall cooperate with the investigation and make himself available interrogation whenever required.

(b) shall remain present at concerned police station on 08.04.2013 between 11:00 am to 2:00 pm;

(c) shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the Court or to any Police Officer;

(d) shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;

(e) will not leave India without the permission of the Court and, if is holding a Passport, shall surrender the same before the trial Court immediately;

(f) It would be open to the Investigating Officer to file an application for remand, if he considers it just and proper and the concerned Magistrate would decide it on merits;

(g) 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.

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 absolute. Application is disposed of accordingly. Direct Service is permitted.