Gujarat High Court
Nishant Singh S/O Dhirendrapratap ... vs State Of Gujarat on 3 February, 2025
NEUTRAL CITATION
R/CR.MA/494/2025 ORDER DATED: 03/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 494
of 2025
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NISHANT SINGH S/O DHIRENDRAPRATAP SINGH
Versus
STATE OF GUJARAT
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Appearance:
MR HARSHAD O JOSHI(11428) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 03/02/2025
ORAL ORDER
1. RULE. Learned APP waives service of rule for the
respondent-State.
2. By way of the present application under Section 4 8 2 o f
t h e B h a r t i y a N a g r i k S u r a k s h a S a n h i t , 2 0 2 3 , 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 .
11210023240905 of 2024 registered with
Khatodara Police Station, Surat .
3. Heard learned advocate for the applicant and learned
APP for the respondent - State.
4. 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 Sessions Court came to be dis-
allowed.
5. Learned APP has opposed the present application, inter
alia, contending that the present applicant had actively
NEUTRAL CITATION
R/CR.MA/494/2025 ORDER DATED: 03/02/2025
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participated in commission of offence in question, as it was the
present applicant because of whom the deceased had committed
suicide. He, therefore, submitted to dismiss the present
application.
6. Heard learned Advocates for the parties and perused the
material available on record. From the record, it appears that the
present applicant herein happens to be paramour of the
deceased. The deceased appears to be not to be happy in her
marriage with the other accused viz. Vikas and had developed
feelings for the present applicant. It is alleged against the present
applicant that the present applicant had forced the deceased to
marry to him and divorce her husband. However, the material
available on record indicates otherwise, it was the deceased, who
badly wanted to marry the present 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 by the Hon'ble Apex Court in the case of Siddharam
Satlingappa Mhetre Vs. State of Maharashtra and Ors.,
NEUTRAL CITATION
R/CR.MA/494/2025 ORDER DATED: 03/02/2025
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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 . C. R. No .
11210023240905 of 2024 registered with
Khatodara Police Station, Surat 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
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R/CR.MA/494/2025 ORDER DATED: 03/02/2025
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1 0 . 0 2 . 2 0 2 5 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)
GIRISH
