[CASE NUMBER] ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 7896 of 2017 [ENTITY] & 3 Applicant(s) Versus [ENTITY] Respondent(s) Appearance: MR [ENTITY], ADVOCATE for the Applicant(s) No. 1 - 4 MR. [ENTITY], APP for the Respondent(s) No. 1 CORAM: HONOURABLE MR.JUSTICE [ENTITY] Date : 06/04/2017 ORAL ORDER
At the outset, learned advocate Mr. [ENTITY] for the applicants does not press the present application for applicant No.1. Accordingly, the application survives for consideration only in respect of the applicant Nos. 2 to 4 only.
2. 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.
3. It is in connection with the First Information Report bearing Crime Register No. I-53 of 2017 registered with Isanpur Police Station, Ahmedabad on 15.03.2017, against the present applicants-accused for the offences under [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT] Page 1 of 5 Created On Fri Apr 07 01:41:17 IST 2017 [CASE NUMBER] [ACT] and [SECTION] of the [ACT], that this application under [SECTION] of the [ACT] is presented by the applicants.
3.1 As the First Information Report goes, the entire incident appears to have been erupted because of dispute between the neighbors. The altercation turned into fight where both the sides appears to have assaulted one another by wielding some weapons. Cross FIRs were filed.
4. Heard learned advocate Mr. [ENTITY] for the applicants and learned APP for the respondent State.
5. Considering the role, the nature and extent of involvement of applicant Nos. 2, 3 and 4 who are aged 21, 17 and 32 years respectively, who happened to be the children and wife of the applicant No.1 and who were shown not to be attributable with any major role in the entire incident, a case is made out for the applicants for grant of 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 applicants-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 applicants also did not press for reasons.
HC-NIC Page 2 of 5 Created On Fri Apr 07 01:41:17 IST 2017 [CASE NUMBER] ORDER
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 their 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 registration No. I-53 of 2017 registered with Isanpur Police Station, Ahmedabad on 15.03.2017, they shall be released forthwith on condition of their executing personal bond of Rs.25,000/- (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;
[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 HC-NIC Page 3 of 5 Created On Fri Apr 07 01:41:17 IST 2017 [CASE NUMBER] ORDER 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 Isanpur Police Station, Ahmedabad on 11.04.2017 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 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 HC-NIC Page 4 of 5 Created On Fri Apr 07 01:41:17 IST 2017 [CASE NUMBER] ORDER 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 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 applicants 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.) cmjoshi HC-NIC Page 5 of 5 Created On Fri Apr 07 01:41:17 IST 2017