Gujarat High Court
Kaushikbhai Valerabhai Vala vs State Of Gujarat on 24 June, 2024
NEUTRAL CITATION
R/CR.MA/10569/2024 ORDER DATED: 24/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 10569
of 2024
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KAUSHIKBHAI VALERABHAI VALA & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR MEHUL SHARAD SHAH(773) for the Applicant(s) No. 1,2
MR KETUL R PATEL(12782) for the Respondent(s) No. 1
MS K.P.CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 24/06/2024
ORAL ORDER
1. By way of the present application under Section 438 of the Code of
Criminal Procedure, 1973, the applicants - accused have prayed for enlarging
them on anticipatory bail in connection with the FIR being C .R. No.
1 1 1 9 3 0 0 8 2 4 0 2 4 3 o f 2 0 2 4 registered with Babra Police Station,
Amreli, for the offences punishable under Sections 395, 398, 365, 504,
506(2), 323, 120B, 34 and 114 of the IPC and Section 135 of the G.P. Act.
2. Heard learned Advocate for the Applicants and learned APP for the
Respondent - State.
2.1 Rule. Learned APP waives service of Rule on behalf of the Respondent
State.
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3. 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.
3.1 Learned advocate for the applicants submits that the matter has been
amicably settled between the parties and the complainant has no objection if
the applicants are ordered to be enlarged on bail. The first informant has also
filed an affidavit to the said effect. Learned Advocate for the applicants
therefore submits that the present application may be allowed and the
Applicants may be enlarged on anticipatory bail subject to suitable conditions.
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. She submitted that there are as many as 7
antecedents against the present applicants for commission of similar nature of
offences. Learned APP therefore submitted that the present Application may be
dismissed.
5. Heard the arguments advanced by the learned advocates for the
parties and perused the material placed on record. Having regard to the nature
of the offence which is alleged against the present applicants so also the fact that
the matter has been amicably settled between the parties and the first informant
has also no objection if the applicants are ordered to be enlarged on bail, the
application deserves consideration.
6. 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;
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R/CR.MA/10569/2024 ORDER DATED: 24/06/2024
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(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 applicants.
7. This Court has also taken into consideration the law laid down
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.
7.1 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.
8. 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 F I R be i ng C . R. No . 1 1 1 9 3 0 0 8 2 4 0 2 4 3 o f 2 0 2 4
registered wit h Babra Police Station, Amreli, for the offe nce s
puni sha bl e unde r S ec tions 395, 398, 365, 504, 506(2), 323, 120B, 34 and
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114 of the IPC 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 2 8 . 6 . 2 0 2 4
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 his 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
9. At the trial, the concerned trial court shall not be influenced by the
prima facie observations made by this Court in the present order.
10. Rule is made absolute to the aforesaid extent. Direct service is
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permitted.
(M. R. MENGDEY,J)
Manshi
