GUJARAT HIGH COURT
Not Mentioned, J
Mohammad Kajabhai Gulam Hushenvala v. State of Gujarat
Anticipatory Bail Application | C.R No.11199001201124 of 2020
| Table of Content |
|---|
| 1. grant for anticipatory bail based on the nature of allegations. (Para 1) |
| 2. argument for anticipatory bail focusing on civil dispute context. (Para 2) |
| 3. opposition based on gravity of alleged offenses. (Para 3 , 4) |
| 4. court's consideration of relevant legal standards for bail. (Para 5) |
| 5. conditions imposed for anticipatory bail and resultant order. (Para 6 , 7 , 8 , 9) |
1. By way of the present application under S.438 of 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 registered as C.R No.11199001201124 of 2020 before City C - Division Police Station, Bharuch, District: Bharuch for the offences under S.406, S.420 and S.114 of the Indian Penal Code.
2. Learned advocate for the applicant submits that the applicant is falsely implicated in the offence. It is submitted that the dispute is civil dispute between the parties and the civil dispute is given colour of criminal complaint.
Learned advocate for the applicant further submits that the applicant is ready and willing to deposit Rs.2 Lacs within a period of three months without prejudice to the rights and contentions of the applicant.
It is further submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for their remand. It is further submitted that upon fling such application by the investigating agency, the right of the applicant - accused to oppose such application on merits may be kept open.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent - State and learned advocate for the complainant have opposed grant of anticipatory bail looking to the nature and gravity of the offence.
4. Heard the learned Advocates for the respective parties through Video Conferencing and perused the papers. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
5. 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, 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 of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others as reported at (2011) 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia and Others , as reported at (1980) 2 SCC 565 : (AIR 1980 SC 1632)
6. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C.R No.11199001201124 of 2020 before City C - Division Police Station, Bharuch, District: Bharuch, the applicant shall be released on bail on furnishing a personal bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with one surety of like amount on the following conditions that the applicant shall :
(a) co - operate with the investigation and make available for interrogation whenever required;
(b) remain present at concerned Police Station on 08.03.2021 between 11.00 a.m. and 2.00 p.m.;
(c) 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) 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) at the tim
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