[CASE NUMBER] ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 6672 of 2017 [ENTITY] Applicant(s) Versus [ENTITY] Respondent(s) Appearance: MR [ENTITY], ADVOCATE for the Applicant(s) No. 1 MR. [ENTITY], APP for the Respondent(s) No. 1 CORAM: HONOURABLE MR.JUSTICE [ENTITY] Date : [SECTION]/03/2017 ORAL ORDER
Rule returnable forthwith. Learned Additional Public Prosecutor Mr. [ENTITY] waives service of rule on behalf of the respondent State. In the facts and circumstances of the case, the present application was taken up for final consideration today itself.
2. It is in connection with the First Information Report bearing Crime Register No. I-132 of 2016 registered with Gondal City Police Station, Rajkot Rural, on 22.07.2016 against the present applicant-accused for the offence under [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT], [SECTION] and [SECTION] of the [ACT], and [SECTION] of [ACT], that this application under [SECTION] of the [ACT] is presented by the applicant.
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3. The allegations in the FIR relates to the incident where one [ENTITY] was killed by the accused persons named in the FIR and also by other accused persons not named in the FIR. The present applicant was not named in the FIR.
4. Heard learned advocate Mr. [ENTITY] for the applicant and learned APP for the respondent State.
5. Learned advocate Mr. [ENTITY] for the applicant could successfully rely on the case of one [ENTITY] who was also not named in the FIR. Comparing his role with that of the applicant in the entire incident, the said [ENTITY] was not shown to be wielding any weapon nor shown to have used any weapon, while the present applicant though was shown to be wielding weapon, it was never indicated as to which weapon he was wielding and was never shown to have used the weapon. It was submitted that the imputation against the [ENTITY] was about calling the persons of Khatki community after the incident of attack. The present applicant was also belonging to the said community. Apart this aspect of belonging to the same community, the role otherwise of the applicant was quite comparable to that of [ENTITY] as he was not named in the FIR nor was shown to have used any weapon. The principles analogous to parity would apply with the said [ENTITY], who has been granted anticipatory bail by this court as per order dated 15.02.2017 in [CASE NUMBER].
5.1 In the aforesaid view and considering the allegations as they travel in the FIR in their totality and the exact role of the present applicant in the context of allegation HC-NIC Page 2 of 6 Created On Tue Mar 28 00:47:58 IST 2017 [CASE NUMBER] ORDER and attendant circumstances, the applicant deserves to be granted anticipatory bail.
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 grant anticipatory bail to the applicant-accused, even as learned APP 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 his 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 registration No. I-132 of 2016 registered with Gondal City Police Station, Rajkot Rural, on 22.07.2016, he shall be released forthwith on condition of his execution a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only).
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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. He will make himself available for interrogation and for all investigative purposes whenever required;
[ii] The applicant shall not obstruct the process of investigation in any manner. He 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 his residence and stay to the Investigating Officer as well as to the Court concerned. He 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 he is holding, before the Court concerned immediately;
[vi] The applicant shall appear before Gondal City Police Station, Rajkot Rural on 22.07.2017 HC-NIC Page 4 of 6 Created On Tue Mar 28 00:47:58 IST 2017 [CASE NUMBER] ORDER 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 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 This 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.
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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.) cmjoshi HC-NIC Page 6 of 6 Created On Tue Mar 28 00:47:58 IST 2017