Gujarat High Court
Dhankuvarba D/O Vidursinh Udesinh Zala vs State Of Gujarat on 20 December, 2023
NEUTRAL CITATION
R/CR.MA/20959/2023 ORDER DATED: 20/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 20959
of 2023
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DHANKUVARBA D/O VIDURSINH UDESINH ZALA
Versus
STATE OF GUJARAT
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Appearance:
JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1,2,3,4,5,6
MR. CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 20/12/2023
ORAL ORDER
1. By way of the present application under Section 438 of the Code of
Criminal Procedure, 1973, the applicants have prayed for enlarging them on
anticipatory bail in connection with the FIR being C.R. No.
11204006230190/2023 registered wit h Antarsumba Police Station, Kheda
for the offe nse s puni sha bl e unde r S ec tions 143, 147, 148, 149, 307, 323,
324, 504, 506(2) of the Indian Penal Code and Section 135 of the G.P. Act.
2. Heard learned Advocate for the Applicants and learned APP for the
Respondent - State.
3. Rule. Learned APP waives service of notice of Rule on behalf of the
Respondent - State.
4. Learned Advocate for the Applicants has submitted that the
Applicants are apprehending their arrest in connection the aforesaid FIR and in
this connection the earlier application filed by the Applicants before the learned
Sessions Court came to be dis-allowed.
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R/CR.MA/20959/2023 ORDER DATED: 20/12/2023
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5. Learned advocate for the applicants on instructions states that
the applicants are 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 the remand. It is further
submitted that upon filing of such application by the Investigating Agency, the
right of applicants to oppose such application on merits may be kept open.
Learned advocate, therefore, submitted that considering the above facts, the
applicants may be granted anticipatory bail.
6. Learned A P P appearing on behalf of the respondent - State
has opposed grant of anticipatory bail contending that the Applicants were
very involved in the commission of the offence and therefore submitted that
looking to the nature of offence the Application may be dismissed.
7. Heard learned Advocates for the parties and perused the record.
From the record it appears that the role attributed to the Applicants in
commission of the offence is to the effect that they had hurled abuses upon the
other side and had also threatened them of dire consequences. Except this no
other overt act has been attributed to the Applicants. Considering the aforesaid
aspect and considering the nature of allegations levelled against the present
Applicants, this Court is inclined to grant anticipatory bail to the applicants.
8. This Court has considered following aspects,
(a) as per catena of decisions of Hon'ble Supreme Court there are
mainly two factors which are required to be considered by this court;
(i) prima facie case
(ii) requirement of accused for custodial interrogation.
9. This Court has also taken into consideration the law laid down
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R/CR.MA/20959/2023 ORDER DATED: 20/12/2023
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by the Hon'ble 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. Further, this Court has also taken into
consideration the ratio laid down in the case of Sushila Aggarwal and Ors. v.
State (NCT of Delhi) and Anr. in Special Leave Petition No. 7281-
7282/2017 dated 29.01.2020.
9.1 This court has also considered the judgment in the case of Arnesh
Kumar v. State of Bihar reported in (2014) 8 SCC 273, wherein the Hon'ble
Apex Court has observe that whenever there is punishment of 7 years, then the
court would be liberal to exercise the discretion. Further, by exercising the
discretion under Section 438 Cr.P.C, the doors of remand by the Investigating
Officer is open and therefore also this court is inclined to exercise powers
under Section 438 of Cr.P.C.
10. In the result, the present application is allowed. The applicants are
ordered to be released on anticipatory bail in the event of their arrest in
connection with a FIR being C.R. No. 11204006230190/2023 registered wit h
Antarsumba Police Station, Kheda for the offe nse s puni sha bl e unde r
S ec tions 143, 147, 148, 149, 307, 323, 324, 504, 506(2) of the Indian Penal
Code and Section 135 of the G.P. Act, on executing a personal bond of
Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of like amount
on the following conditions;
(a) shall cooperate with the investigation and make available for
interrogation whenever required;
(b) shall remain present at concerned Police Station on 27.12.2023
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R/CR.MA/20959/2023 ORDER DATED: 20/12/2023
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between 12.00 Noon 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 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; 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 the remand application without being influenced of the observations
made by this Court;
11. The applicants 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 applicants, even if, remanded
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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.
12. At the trial, the concerned trial court shall not be influenced by the
prima facie observations made by this Court in the present order.
13. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(M. R. MENGDEY,J)
J.N.W / 66
