1. This application is filed by the applicant under Section 438 of the Code of Criminal Procedure apprehending his arrest in connection with C.R.No.I-83 of 2012 registered with Halol Police Station, District-Panchmahals for the offence under Sections 452, 354, 427, 504, 506(2), 323, 114 of Indian Penal Code and Section 135 of Bombay Police Act.
2. Heard learned advocate Mr. Sahil M. Shah for the applicant and Ms. C. M. Shah, learned APP for the opponent State.
3. The following points are considered:
(1) Except statement of witnesses no documentary evidence is collected in respect of assault and injury.
(2) Vague allegations of abusing.
(3) Applicant is running weekly and is a Member of Nagarpalika.
4. The application is allowed. In the event of arrest of the applicant in connection with C.R.No.I-83 of 2012 registered with Halol Police Station, District-Panchmahals for the offence alleged against him, the applicant shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that he shall:
co-operate with the investigation and make himself available whenever required;
remain present before the concerned Police Station on 18th May, 2012 between 11.00 a.m. and 2.00 p.m..;
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 for disclosing such facts to the Court or to any Police Officer;
at the time of execution of bond, shall furnish 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;
not leave India without the permission of the Court and, if holding Passport, surrender the same before the trial Court immediately;
5. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant and the learned Magistrate shall 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.
6. Rule made absolute to the aforesaid extent. Direct service is permitted.
(BANKIM N. MEHTA, J) mehul Top