Gujarat High CourtChetankumar Poonambhai Patel vs State Of Gujarat on 22 May, 2018Author:B.N. KariaBench:B.N. KariaR/CR.MA/9694/2018                                              ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 9694 of 2018
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              CHETANKUMAR POONAMBHAI PATEL
                           Versus
                      STATE OF GUJARAT
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Appearance:
MS ROOPAL R PATEL(1360) for the PETITIONER(s) No. 1
MR DM DEVNANI, APP (2) for the RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE B.N. KARIA

                                   Date : 22/05/2018

                                    ORAL ORDER1.    Heard Ms.Roopal Patel, learned advocate for the applicant

and Mr.D.M.Devnani, learned Additional Public Prosecutor for

the respondent-State.2.    By way of the present application underSection 438of
the Code of Criminal Procedure, 1973, the applicant - original
accused has prayed to release him on anticipatory bail in case
of his arrest in connection with the FIR being C.R.I-36/2017
registered with Lunavada Police Station, District Mahisagar,
for the offences punishable underSections 379,120-B,201,409and114of the Indian Penal Code andSections 66,66(E)and72of the Information Technology Act, 2008 andSection 43of the Gujarat Primary Education Act, 1947.3.    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. 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 his remand.Page 1 of 4R/CR.MA/9694/2018                                                  ORDER



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. In view of
the above, the applicant may be granted anticipatory bail.
Learned advocate for the applicant further submits that the
co-accused have been granted anticipatory bail by this Court
and therefore, on the ground of parity also, present applicant
may be granted anticipatory bail.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.     I have considered the allegations leveled against the
present       applicant         in     the    FIR     and     perused    the       papers    of
investigation and considered the role played by the applicant.6.     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         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     Hon'ble       Apex    Court     in    the    case    ofSiddharam Satlingappa Mhetre v. State of Maharashtra and Ors.reported in (2011)1 SCC 694, wherein the Hon'ble Apex Court
reiterated the lawlaid down bythe Constitutional Bench in
the case of Shri Gurubaksh Singh Sibbia & Ors., reported in
(1980)2 SCC 565.7.     Learned counsel for the parties do not press for further
reasoned order.8.     In        the result,          the present          application       is allowed       by
directing that in the event of applicant herein being arrested
pursuant         to     the     FIR     being     C.R.I-36/2017         registered          with
Lunavada         Police       Station,       District       Mahisagar,       the    applicantPage 2 of 4R/CR.MA/9694/2018                                                      ORDER



shall be released on bail on furnishing a personal bond of
Rs.10,000/- (Rupees Ten Thousands 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 25/05/2018 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      or   till      further
               orders;(f)       shall not leave India without the permission of the
               Court and, if having passports shall surrender the
               same before the Trial Court within a week.9.   Despite         this       order,        it         would       be       open     for        the
Investigating Agency to file an application for police remand
of the applicant to the competent Magistrate, if he thinks it
just and proper and learned Magistrate would decide it on
merits. 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        thePage 3 of 4R/CR.MA/9694/2018                                             ORDER



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.10.      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. The
present application is disposed of accordingly.Direct service is permitted.(B.N. KARIA, J)


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