Gujarat High CourtIsmail @ Ismalkali Ishakbhai Ravat vs State Of Gujarat on 2 February, 2016Author:A.J.DesaiBench:A.J.DesaiR/CR.MA/1870/2016                                             ORDER




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL)
                               NO.1870 of 2016

         =========================================
                    ISMAIL @ ISMALKALI ISHAKBHAI RAVAT....Applicant
                                        Versus
                            STATE OF GUJARAT....Respondent
         =========================================
         Appearance :
         MR ZUBIN F BHARDA, ADVOCATE for the Applicant.
         MS NISHA THAKORE, APP for the Respondent.
         =========================================

                 CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                     Date : 02/02/2016
                                      ORAL ORDER1.    I have heard learned advocates appearing for the respective
               parties.2.    By way of the present application underSection 438of the
               Code of Criminal Procedure, 1973, the applicant accused has
               prayed to release him on anticipatory bail in case of his arrest
               in connection with the FIR registered at C.R. No. I - 116 of
               2015 with Valiya Police Station, Dist. Bharuch for the
               offenses punishable underSections 307,323,427,504and506 (2)of the Indian Penal Code and underSection 135of the
               Gujarat Police Act.3.    Learned advocate for the applicant submits that the nature of
               allegations are such for which custodial interrogation at this
               stage is not necessary. Besides, the applicant is available
               during the course of investigation and will not flee from
               justice. In view of the above, the applicant may be granted
               anticipatory bail.Learned advocate for the applicant on instructions states thatPage 1 of 4HC-NIC                                 Page 1 of 4      Created On Wed Feb 03 03:10:35 IST 2016
                 R/CR.MA/1870/2016                                                 ORDER



              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 his remand. He would further submit
              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.4.   Learned Additional Public Prosecutor appearing on behalf of
              the respondent - State has opposed grant of anticipatory bail
              looking to the nature and gravity of the offence.5.   Having heard the learned advocate for the parties and
              perusing      the      investigating        papers        and       taking        into
              consideration the facts of the case, nature of allegations,
              gravity of offences, role attributed to the accused, and
              considering the fact that there are cross complaints and the
              injured have sustained simple injuries and have been treated
              as outdoor patients, 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 Hon'ble Apex Court in the case ofSiddharam             Satlingappa           Mhetre          vs.       State            of
              Maharashtra and Ors.as reported at [2011] 1 SCC
              6941, wherein the Hon'ble Apex Court reiterated the lawlaid
              down bythe Constitution Bench in the case of Shri
              Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2
              SCC 665.6.   In the result, the present application is allowed by directing
              that in the event of applicant herein being arrested pursuant
              to FIR registered at C.R. No. I - 116 of 2015 with Valiya
              Police Station, Dist. Bharuch, the applicant shall bePage 2 of 4HC-NIC                                   Page 2 of 4       Created On Wed Feb 03 03:10:35 IST 2016
                     R/CR.MA/1870/2016                                           ORDER



              released on bail on furnishing a 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 the concerned Police
                        Station on 6.2.2016 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 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 his residence till the
                        final disposal of the case till further orders;(f)       shall not leave India without the permission of the
                        Court and if having passport 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;7.   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,Page 3 of 4HC-NIC                                  Page 3 of 4      Created On Wed Feb 03 03:10:35 IST 2016
                       R/CR.MA/1870/2016                                              ORDER



                    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.8.         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.9.         Rule is made absolute to the aforesaid extent. Application is
                    disposed of accordingly. Direct service is permitted.(A.J.DESAI, J.)




         SavariyaPage 4 of 4HC-NIC                                       Page 4 of 4      Created On Wed Feb 03 03:10:35 IST 2016