Karanbhai S/O Chandubhai Pirabhai Dagla vs State Of Gujarat

Ilesh J. Vora, J

By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed for anticipatory

bail in connection with the FIR being C.R.No. 11195019210204 of 2021 registered with Deesa Rural Police Station, District : Banaskantha, for the

offenses punishable under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code.

Learned advocate for the applicant submits that that name of the applicant has been falsely disclosed during the course of investigation. His father

is already released on bail by the sessions court and no further recovery is to be made out from the applicant nor any custodial interrogation is

required.

Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of

conditions with regard to powers of Investigating Agency to file an application before the competent Court for their remand. He further submits 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.

Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.

Learned Addl. Public Prosecutor appearing on behalf of the respondent â€" State has opposed grant of anticipatory bail looking to the nature and

gravity of the offence.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case,

nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant

anticipatory bail to the applicants.

This court has considered the aspect that the applicant had only accompanied to his father and there is no specific role attributable to the applicant

so far the alleged commission of crime is concerned.

Looking to the overall facts and circumstances of the present case and looking to the role attributed to the applicants and has also considered the

law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694,

wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs.

State of Punjab, reported at (1980) 2 SCC 565, the application deserves consideration.

In the result, the present application is allowed. The applicant is ordered to be released on anticipatory bail in the event of his arrest in connection

with FIR being C.R.No. 11195019210204 of 2021 registered with Deesa Rural Police Station, District : Banaskantha on his executing personal bond of

Rs.10,000/ (Rupees Ten Thousand Only) with one surety of like amount on the following conditions;

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

(b) shall remain present at concerned Police Station on 28.5.2021 between 11.00 a.m. And 2.00 p.m.;

(c) 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;

(d) 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;

(e) shall 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) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial

court within a week;

(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 it on merits;

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. Rule is made absolute to the aforesaid extent.