Gujarat High Court
Mukeshbhai Khodabhai Danger vs State Of Gujarat on 19 June, 2024
NEUTRAL CITATION
R/CR.MA/4705/2024 ORDER DATED: 19/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 4705
of 2024
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MUKESHBHAI KHODABHAI DANGER
Versus
STATE OF GUJARAT
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Appearance:
MR JA ADESHRA(107) for the Applicant(s) No. 1
MS. MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 19/06/2024
ORAL ORDER
1. By way of the present application under Section 438 of the Code of
Criminal Procedure, 1973, the applicant-accused has prayed for enlarging the
Applicant on anticipatory bail in connection with the F I R be i ng C. R.
No . 1 1 2 1 3 0 3 0 2 4 0 0 5 1 / 2 0 2 4 registered wit h Lodhika Police Station,
Rajkot Rural for the offe nse s puni sha bl e unde r S ec tions 4 and 5 of the
gujarat Land grabbing (Prohibition) Act.
2. Heard learned Advocate Mr. J.A.Adeshra for the Applicant and
learned APP Ms. Maithili Mehta for the Respondent - State.
Rule. Learned APP waives service of notice of Rule on behalf of the
Respondent - state.
3. Learned Advocate for the Applicant has submitted that the
Applicant is apprehending arrest in connection the aforesaid FIR and in this
connection the earlier application filed by the Applicant before the learned
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R/CR.MA/4705/2024 ORDER DATED: 19/06/2024
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Sessions Court came to be dis-allowed. He submitted that considering the
facts stated in the Application, the applicant may be granted anticipatory
bail.
4. Learned Additional Public Prosecutor appearing on behalf of
the respondent - State, on instructions submit that the encroachment in
question has been completely removed. She also produces on record a
communication to the said effect addressed to her by the Collector, Rajkot,
which is ordered to be taken on record. Learned APP has therefore prayed that
appropriate orders may be passed subject to suitable conditions.
5. Heard learned Advocates for the parties and perused the record.
6. Having heard the arguments advanced by the learned advocates
for the parties and perusing the material placed on record and taking into
consideration the facts of the case, nature of allegations, gravity of offence and
the role attributed to the accused, m o r e particularly the statement made by the
learned APP on instructions that the encroachment in question has been
completely removed, I am inclined to grant anticipatory bail to the applicant.
7. 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.
Therefore, in the facts and circumstances of the present case, this
court is inclined to consider the case of the applicant.
8. This Court has also taken into consideration the law laid down
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R/CR.MA/4705/2024 ORDER DATED: 19/06/2024
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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.
8.1 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.
9. In the result, the present application is allowed. The applicant is
ordered to be released on anticipatory bail in the event of arrest in connection
with a F I R be i ng No . 1 1 2 1 3 0 3 0 2 4 0 0 5 1 / 2 0 2 4 registered wit h
Lodhika Police Station, Rajkot Rural for the offe nse s puni sha bl e unde r
S ec tions 4 and 5 of the Gujarat Land grabbing (Prohibition) Act, on executing
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 available for
interrogation whenever required;
(b) shall remain present at concerned Police Station on 2 6 . 0 6 . 2 0 2 4
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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 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; and
10. At the trial, the concerned trial court shall not be influenced by the
prima facie observations made by this Court in the present order.
11. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(M. R. MENGDEY,J)
J.N.W / 103
