Learned Counsel Mr. Rutul D. Kinariwala seeks permission to file his Vakalatnama on behalf of the complainant. He also seeks permission to file an affidavit on behalf of the complainant. Permission as prayed for is granted and the affidavit is ordered to be taken on record.
This application is filed under Section 438 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.8/2011 with Maliya Hatina Police Station, Junagadh for the offences punishable under Sections 363, 366 and 114 of the Indian Penal Code.
Learned Counsel for the applicant submits that that the victim is present in the Court today and at the time of incident she was aged 17 years and was in a love affair with the applicant. It is also submitted that the victim got married with the applicant after attaining the age of majority, and after her marriage, she is living peacefully with her in-laws and husband, who treat her very well. In this regard, a copy of the marriage certificate dated 30.01.2012 is also produced at Annexure 'C' to this application. Considering the above, it is submitted that the applicant may be granted anticipatory bail.
Heard learned APP Mr. L.B. Dabhi for the respondent-State.
Having heard learned Counsels for the parties and perusing the record of the case and taking into consideration the facts of the case, I am inclined to grant anticipatory bail to the applicant. 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.
Learned Counsels for the parties do not press for further reasoned order.
In the result, this application is allowed by directing that in the event of the applicant herein being arrested pursuant to FIR being I-C.R. No.8/2011 with Maliya Hatina Police Station, Junagadh, the applicant shall be released on bail on furnishing a 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 30th MARCH, 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 applicant. 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.
Sd/-
(M.D.
Shah, J.) Caroline Top