Meeraben Laxmanbhai Chaudhry vs State Of Gujarat

Hemant M. Prachchhak, J

(1) This is an appeal under Section 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocity Act” for short) at the instance of the appellants – original accused for the anticipatory bail in connection with the FIR being C.R.No. 11195045220176 of 2022 registered with Suigam Police Station-Banaskantha District for the offences under Sections 323, 325, 506(2) and 114 of the Indian Penal Code and Section 3(1)(r) and 3(2)(v) of the Atrocity Act.

(2) Affidavit-in-reply has been filed by respondent – original complainant, wherein, she has stated that the Investigating Officer has registered the FIR and it was supported by the medical certificate. She has submitted to reject the present appeal.

(3) Heard Mr. Shivam Thakkar, learned counsel appearing for the appellants, Ms. C.H.Shah, learned Additional Public Prosecutor for the respondent–State and Mr.N.K.Majmudar, learned counsel appearing for the respondent – original complainant.

(4) Mr. Thakkar,learned advocate for the appellants has submitted the same facts which are narrated in the memo of appeal and has prayed to release the appellants on bail.

(5) Per contra, Ms.Shah, learned Additional Public Prosecutor for respondent No.1 - State has vehemently opposed the grant of bail. Whereas, learned counsel appearing for respondent No. – original complainant has submitted that considering the affidavit-in-reply filed by respondent No.2, the present appeal may be dismissed.

(6) On perusal of the material placed on record, it appears that the allegation made in the FIR and the role alleged against the present applicants that the applicants have overacted and beaten by sticks to the witnesses. It seems that considering the statement of witness has not supported the earlier day incident which is alleged to be the cause of the incident, therefore, considering on this aspect, the present application for anticipatory bail was objected by the original complainant by filing affidavit, wherein, they have mainly contended that the Investigating Officer has registered the FIR and it was supported by the medical evidence. The medical certificate is also placed on record. Considering the medical certificate and the allegations qua the role played by the present applicants. Considering the police papers and police reports, the present appeal deserved to be allowed. Considering the fact that all three accused are ladies and the allegation and the role alleged against the present applicants, it reveals that they deserve to be enlarged on anticipatory bail.

(7) In the result, the present appeal is allowed. The impugned order dated 12.08.2022 passed by the learned Additional Sessions Judge, Tharad, District: Banaskantha in Criminal Misc. Application No. 238 of 2022 is hereby quashed and set aside. It is ordered that in the event of appellants herein being arrested pursuant to FIR being C.R.No. 11195045220176 of 2022 registered with Suigam Police Station - Banaskantha District, the appellants shall be released on bail on furnishing a personal bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with one surety of like amount on the following conditions that the appellants shall :

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

(b) The accused persons being lady accused, shall not remain personally present before the concerned police station, but as and when the Investigating Officer wants their presence, they may inform well in advance i.e. prior 24 hours;

(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 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 their addresses to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;

(f) not leave India without the permission of the Court and if having passports 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 it 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 appellant. The appellants 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 appellants, 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 appellants on bail. The appeal stands disposed of, accordingly. Direct service is permitted.