Learned advocate Mr.Tushar Chaudhary seeks permission to file his Vakalatnama on behalf of original complainant. The permission is granted.
This application is filed under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in connection with First Information Report registered as I-CR No.9 of 2012 with Amirgadh Police Station for the offences punishable under Sections 307, 147, 148, 149, 504 and 427 of the Indian Penal Code.
Learned Counsel for the applicant has submitted that there is no prima-facie case against present applicant and there is no direct evidence against the present applicant. It is also submitted that he apprehends his arrest and therefore, the applicant may be granted anticipatory bail.
Learned APP Mr.L.B.Dabhi for the respondent-State has opposed the application.
I have heard both the counsel and perused the papers. Considering the facts and circumstances of the case, the nature of allegations, punishment prescribed for alleged offence and the role attributed to the present applicant-accused that he has caused the damage to the car and also considering the fact that cross complaint is filed, this application deserves to be allowed.
This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Stalingappa Mhetre v. State of Maharashtra & Ors. reported in [2011]1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in [1980]2 SCC 565.
In the result, this application is allowed by directing that in the event of the applicant herein being arrested pursuant to FIR being I-CR No.9 of 2012 with Amirgadh Police Station, the applicant shall be released on bail on furnishing bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on following conditions :-
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 27th April, 2012 between 11.00 am to 2.00 pm;
(c) shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the Court or to any Police Officer;
(d) shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
(e) will not leave India without the permission of the Court and, if is holding a Passport, shall surrender the same before the trial Court immediately;
(f) It would be open to the Investigating Officer to file an application for remand, if he considers it just and proper and the concerned Magistrate would decide it on merits.
(g) despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. The applicant shall remain present before the learned Magistrate on the first date of hearing of such an 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 applicant, even if, remanded 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.
Rule made absolute. The application is disposed of accordingly. Direct Service is permitted.
[M.D.Shah, J.] ..mitesh..
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