[CASE NUMBER] ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 7638 of 2017 [ENTITY] Applicant(s) Versus [ENTITY] Respondent(s) Appearance: MS [ENTITY], ADVOCATE for the Applicant(s) No. 1 MR [ENTITY], APP for the Respondent(s) No. 1 CORAM: HONOURABLE MR.JUSTICE [ENTITY] Date : 24/04/2017 ORAL ORDER
Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.[ENTITY] waives service of Rule on behalf of the respondent-State. The application was taken up for final consideration today.
2. It is in connection with the First Information Report bearing Crime Register No.I-02 of 2017 registered with Chanod Police Station, Vadodara Rural on 22nd February, 2017 against the present applicant-accused for the offences under [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT], that this application under [SECTION] of the [ACT] is presented by the applicant.
HC-NIC Page 1 of 6 Created On Tue Aug 15 01:34:00 IST 2017 [CASE NUMBER] ORDER 3. The complainant was working as Taluka
Development Officer at Dabhoi. The allegations related to irregularities in construction of toilet units which were constructed under the scheme of State Government. It was alleged that in village Chanod, out of 222 units, only 29 units were constructed and there were irregularities in 193 units, for which six accused were arraigned in the F.I.R. One of them is the present applicant. It was alleged that by committing irregularity, accused persons had misappropriated the money.
4. Heard learned advocate Ms.[ENTITY] for the applicant and learned Additional Public Prosecutor.
5. Having considered the allegations in the F.I.R., role attributable to the applicant as coming out from the allegations and more particularly when, allegations are general and no specific play is shown for the applicant, looking to the totality of the circumstances and further considering the fact that the investigation would mainly depend upon the documentary material, anticipatory bail deserves to be granted to the applicant.
6. The court also took note of the principles laid down by the Apex Court in [PRECEDENT] and in [PRECEDENT] and other decisions in which parameters to be considered by the court for grant of anticipatory bail have been set out, and applied those parameters to the facts of the case. Since the court was inclined to HC-NIC Page 2 of 6 Created On Tue Aug 15 01:34:00 IST 2017 [CASE NUMBER] ORDER grant anticipatory bail to the applicant-accused, even as learned Additional Public Prosecutor made submissions to object the grant of bail, he stated that he would not invite detailed reasons. Learned advocate for the applicant also did not press for reasons.
6.1 In the facts and circumstances obtained and for the reasons recorded above, personal liberty of the applicant-accused deserves to be accorded primacy over her forced arrest. The investigational needs could be balanced by imposing appropriate conditions to be observed by the applicant-accused including the condition of keeping the right of the police open to ask for remand of the applicant-accused, if required.
7. As a result of above facts and aspects, present application is allowed and it is directed that in the event of the applicant's arrest in connection with the F.I.R. bearing Crime Register No.I-02 of 2017 registered with Chanod Police Station, Vadodara Rural on 22nd February, 2017, she shall be released forthwith on condition of her execution a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only).
7.1 The anticipatory bail granted by this Court shall be further governed and regulated by the following conditions.
[i] The applicant shall cooperate with the investigation. She will make herself available for interrogation and for all investigative purposes whenever required;
HC-NIC Page 3 of 6 Created On Tue Aug 15 01:34:00 IST 2017 [CASE NUMBER] ORDER [ii] The applicant shall not obstruct the process
of investigation in any manner. She shall not directly or indirectly induce threat or extend promise to any witness so as to dissuade and prevent such witness from disclosing such facts as may be required, to the Court or Police Officer;
[iii] The applicant shall at the time of execution of bond, furnish full address of her residence and stay to the Investigating Officer as well as to the Court concerned. She shall not change the residence without prior intimation to the Court concerned during the pendency of the prosecution in the criminal case;
[iv] The applicant shall not travel beyond the territory of the State of Gujarat without prior permission of the Court concerned;
[v] The applicant shall surrender passport, if any she is holding, before the Court concerned immediately;
[vi] The applicant shall appear before the concerned Police Station on 27th April, 2017 between 11.00 am and 02.00 pm. [vii] It shall remain open to the Investigating Officer to seek and file application for remand of the applicant, if in his discretion he considers the asking for remand of the applicant to be just and proper for the purpose of investigational needs. If such application for remand is made by the HC-NIC Page 4 of 6 Created On Tue Aug 15 01:34:00 IST 2017 [CASE NUMBER] ORDER Investigating Officer, the learned Magistrate concern would consider the same on merits without being influenced by the anticipatory bail granted.
8. It is clarified that despite this order, the investigating agency is not precluded from applying before the competent Magistrate for police remand of the applicant. It is further provided that the applicant shall remain present before the Magistrate concerned on the first day of such application, if made, and on all such subsequent occasions as may be directed by the learned Magistrate in such proceedings. This would be sufficient to treat the accused as in judicial custody for the purpose of entertaining the application for remand by the prosecution.
8.1 The liberty available to the prosecution to seek remand shall be without prejudice to the rights of the accused to contend against or to seek stay against the remand. It is further clarified that the applicant even if remanded to the police custody, after completion of the remand period; shall be set at liberty immediately, subject to other conditions of this anticipatory bail order, to be complied with.
8.2 It is clarified that the observations made in this order are for the purpose of granting pre- arrest protection only. It is further clarified that the trial court shall not be influenced by any of the observations made in this order and the same shall be treated for the purpose of dealing with the present application only.
HC-NIC Page 5 of 6 Created On Tue Aug 15 01:34:00 IST 2017 [CASE NUMBER] ORDER
9. The present application is allowed in the aforesaid terms. Rule is made absolute.
Direct service is permitted.
([ENTITY], J.) [ENTITY] HC-NIC Page 6 of 6 Created On Tue Aug 15 01:34:00 IST 2017