[CASE NUMBER] ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 10260 of 2017 [ENTITY] & 1 Applicant(s) Versus [ENTITY] Respondent(s) Appearance: [ENTITY], ADVOCATE for the Applicant(s) No. 1 - 2 MR [ENTITY], APP for the Respondent(s) No. 1 CORAM: HONOURABLE MR.JUSTICE [ENTITY] Date : 27/04/2017 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-83 of 2015 registered with Kathlal Police Station, Kheda-Nadiad on 01.07.2015 against the present applicants-accused for the offences under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] of the [ACT] and [SECTION] of the [ACT], that this application under [SECTION] of the [ACT] is presented by the applicant.
3. As far as the First Information Report was HC-NIC Page 1 of 5 Created On Fri Apr 28 01:54:50 IST 2017 [CASE NUMBER] ORDER concerned, it was stated that a mob of the village people had gathered to complain to the Police against the terror of [ENTITY]. More than 500 people-villagers had gathered. The mob turned violent and the injuries were inflicted by use of weapons. As per the First Information Report, as many as 533 accused persons, of whom the present applicants were named as accused Nos.1 and 14 respectively. They were Sarpanch and member of Taluka Panchayat respectively.
4. Heard learned advocate Mr.[ENTITY] for the applicants and learned Additional Public Prosecutor.
5. As the nature of incident itself showed, it was a mob of villagers which became uncontrolled. It is in these circumstances that the offences under the sections mentioned in the First Information Report were alleged against the applicants. The applicants were not shown to have been possessing or carrying weapons nor any specific allegations were made about violent conduct on their part. They have not been shown to have acted in any violent manner. Without such specific allegations, it is not possible to exact the role of the applicants. The applicants were shown to be a part of the mob only. Looking to the circumstances emerging from the allegations and attendant aspects of the case, the discretion deserves to be exercise in favour of the applicants.
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 HC-NIC Page 2 of 5 Created On Fri Apr 28 01:54:50 IST 2017 [CASE NUMBER] ORDER applied those parameters to the facts of the case. Since the court was inclined to grant anticipatory bail to the applicants- 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 applicants also did not press for reasons.
6.1 In the facts and circumstances obtained and for the reasons recorded above, personal liberty of the applicants- accused deserves to be accorded primacy over his forced arrest. The investigational needs could be balanced by imposing appropriate conditions to be observed by the applicants-accused including the condition of keeping the right of the police open to ask for remand of the applicants- 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 applicants' arrest in connection with the F.I.R. bearing C.R. No.I-83 of 2015 registered with Kathlal Police Station, Kheda- Nadiad on 01.07.2015, they shall be released forthwith on condition of their execution a personal bond of Rs.25,000/- Each (Rupees Twenty Five Thousand Only each).
7.1 The anticipatory bail granted by this Court shall be further governed and regulated by the following conditions.
[i] The applicants shall cooperate with the investigation. They will make themselves available for interrogation and for all investigative purposes whenever required;
HC-NIC Page 3 of 5 Created On Fri Apr 28 01:54:50 IST 2017 [CASE NUMBER] ORDER [ii] The applicants shall not obstruct the process of
investigation in any manner. They 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 applicants shall at the time of execution of bond, furnish full address of their residence and stay to the Investigating Officer as well as to the Court concerned. They shall not change the residence without prior intimation to the Court concerned during the pendency of the prosecution in the criminal case;
[iv] The applicants shall not travel beyond the territory of the State of Gujarat without prior permission of the Court concerned;
[v] The applicants shall surrender passport, if any they are holding, before the Court concerned immediately;
[vi] The applicants shall appear before concerned Police Station on 02.05.2017 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 applicants, if in his discretion he considers the asking for remand of the applicants to be just and proper for the purpose of investigational needs. If such application for remand is made by the 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 HC-NIC Page 4 of 5 Created On Fri Apr 28 01:54:50 IST 2017 [CASE NUMBER] ORDER investigating agency is not precluded from applying before the competent Magistrate for police remand of the applicants. It is further provided that the applicants 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.
9. The present application is allowed in the aforesaid terms. Rule is made absolute.
Direct service is permitted.
([ENTITY], J.) PALAK HC-NIC Page 5 of 5 Created On Fri Apr 28 01:54:50 IST 2017