Shivdulari Omprakash Singh & Anr vs State Of Gujarat & Anr

J. C. Doshi, J

By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioners have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R.No.11208056240075 of 2024 registered with Thorala Police Station, Rajkot City.

Learned advocate for the petitioners submits that considering the nature of allegations, role attributed to the petitioners, the petitioners may be enlarged on anticipatory bail by imposing suitable conditions.

Learned advocate Mr.Noyel Christian submits that learned advocate Mr.Hitendra Rajput has received instructions to appear on behalf of respondent No.2 and he would file his Vakalatnama before the Registry. Registry to accept the same. He would also submit that the first informant has no objection if the bail is granted to the petitioners.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail by submitting that charge-sheet is filed against the other accused and in column No.2 present petitioners are shown as absconders and therefore, looking to the nature and gravity of the offence, the petitioners may not be granted bail.

Heard the learned Advocates for the respective parties and perused the papers.

Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon’ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects.

(I) What appears from the FIR that no specific allegations of physical or mental torture are made against the present petitioners but only general allegations are made.

(II) No suicide note is found and no specific incident is recorded against the present petitioners which compelled the deceased to commit suicide. So prima facie necessary ingredients of Section 107 of IPC are missing so far as present petitioners are concerned.

(III)It is true that charge-sheet is filed and petitioners are shown in column No.2 as absconders, however, in the peculiar facts and circumstances of the case, when petitioner No.2 is pregnant lady and she was protected by this Court by granting interim protection. So far as petitioner No.1 Shivdulari is concerned, she is mother-in-law and aged lady and first informant has no objection if the bail is granted to her.

Having heard the 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, without discussing the evidence in detail, at this stage, I am inclined to exercise discretion in favour of the petitioners.

This Court while exercising discretion in favour of the petitioners has taken into consideration law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. [2011] 1 SCC 694, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitutional Bench in the the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab (1980) 2 SCC 665. This Court has also taken into consideration law laid down in the case of Sushila Agarwal v/s. State (NCT of Delhi [(2020) 5 SCC 1].

In the result, the present petition is allowed by directing that in the event of applicants herein being arrested pursuant to FIR registered as C.R.No.11208056240075 of 2024 registered with Thorala Police Station, Rajkot City, the petitioners shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of like amount by each of them on the following conditions that the petitioners :

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

(b) shall remain present at concerned Police Station on 09.05.2024 and 10.05.2024 between 10.00 a.m. and 4.00 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 him 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 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;

If breach of any of the above conditions is committed by the petitioners, the concerned learned Judge will be free to take appropriate action in the matter. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the petitioners on bail.

Direct service is permitted.