Licensed to :- Rajan Kotecha, Advocate [Client Code :- 10866]

LAWS(GJH)-2023-9-6

HIGH COURT OF GUJARAT

Coram : Hasmukh D.Suthar J.

Decided On : September 18, 2023

Appeal Type : CRIMINAL MISC.APPLICATION NO. 14059 of 2023

Appellant(s) :

Rajnikant Vitthalbhai Parmar

Respondent(s) :

STATE OF GUJARAT

Advocate(s) :

NIRAV C.THAKKAR, Mayuri P.Chauhan, Divyangna Jhala

Equivalent Citation :

LAWS(GJH)-2023-9-6

Referred Judgement(s) :
- Siddharam Satlingappa Mhetre Vs. State Of Maharashtra, [2011 1 SCC 6941] [Referred To]
- Sushila Aggarwal Vs. State, [2020 5 SCC 1] [Referred To]
Referred Act(s) :
- Code Of Criminal Procedure, 1973, S.438
- Indian Penal Code, 1860, S.306, S.504, S.114
Headnote:
A. CODE OF CRIMINAL PROCEDURE, 1973 - S.438 - Direction for grant of bail to person
apprehending arrest, INDIAN PENAL CODE, 1860 - S.306 - Abetment of Suicide, S.504 -
Intentional insult with intent to provoke breach of the peace, S.114 - Abettor present when
offence is committed - In view of the above, the applicant may be granted anticipatory
bail.Learned advocate for the applicant, on instructions, states that the applicant is ready and
willing to abide by all the conditions including imposition of conditions with regard to powers
of Investigating Agency to file an application before the competent Court for his remand. -
Gandhinagar, the applicant shall be released on bail on undefined furnishing a personal bond
of Rs.10,000.00 (Rupees Ten Thousand Only) with one surety of like amount on the following
conditions that he:(a) shall cooperate with the investigation and make himself available for
interrogation whenever required;(b) shall remain present at the concerned Police Station on
26/9/2023 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary
harassment or inconvenience is caused to the applicant;(c) shall not directly or indirectly

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make any inducement, threat or promise to any person acquainted with the fact of the case so
as to dissuade him from disclosing such facts to the court or to any police officer;(d) shall not
obstruct or hamper the police investigation and not to play mischief with the evidence
collected or yet to be collected by the police;(e) shall at the time of execution of bond, furnish
the address to the investigating officer and the court concerned and shall not change his
residence till the final disposal of the case till further orders;(f) shall not leave India without
the permission of the Court and if having passport shall deposit the same before the Trial
Court within a week;
B. Therefore, prima facie offence against the applicant is made out.
C. undefined 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. - At the trial, the Trial Court shall not be
influenced by the prima facie observations made by this Court while enlarging the applicant
on bail.

Judgment :

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the
applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection
with the FIR being C.R. No.11216001230418 of 2023, registered with Adalaj Police Station, Dist.
Gandhinagar, for the offences punishable under Ss. 306, 504 and 114 of Indian Penal Code, 1860.

(2.) Learned advocate for the applicant submits that the applicant is a government servant and
working with police department. There is no evidence to show that the Petitioner has ever pressurized
the deceased to vacate the family home where the applicant is not residing since last more than 9
years. The allegations levelled against the applicant are totally false. He further submitted that the
nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides,
the applicant is available during the course of undefined investigation and will not flee from justice. In
view of the above, the applicant may be granted anticipatory bail.

Learned advocate for the applicant, on instructions, states that the applicant is ready and
willing to abide by all the conditions including imposition of conditions with regard to powers of
Investigating Agency to file an application before the competent Court for his remand. He would
further submit that upon filing of such application by the Investigating Agency, the right of applicant
accused to oppose such application on merits may be kept open.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed
grant of anticipatory bail contending that the applicant has instigated the accused Nos.1 and 2 to
pressurize the deceased in vacating the home and at the instance of the accused, the deceased has
committed suicide. Therefore, prima facie offence against the applicant is made out. Considering the
same, present application may not be considered.

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(4.) Having heard the learned advocate for the parties and perusing the investigation papers, it is
equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in
compliance with the basic principles laid down in a plethora of decisions of the Hon'ble Apex Court
on the point. It is well settled that, among other circumstances, the factors to be borne in mind while
considering an application for bail are (i) whether there is any prima facie or reasonable ground to
believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii)
severity of the punishment in the event of conviction; (iv) danger of undefined the accused absconding
or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused;
(vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being
influenced; and (viii) danger, of course, of justice being thwarted by grant of bail. Though at the stage
of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the
case, which may prejudice the accused, should be avoided. I have considered the following aspects.

(1) The applicant is government servant;

(2) The allegation levelled against the applicant is that, he has instigated the accused Nos.1
and 2 to pressurize the deceased to vacate the home, except this, no any allegation is made against the
applicant.

(5.) Considering the aforesaid aspects and the law laid down by the Hon'ble Apex Court in the case of
Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 6941,
wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of
Shri Gurubaksh Singh Sibbia and Ors. reported in (1980) 2 SCC 665 and also the decision in the case
of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the
present application.

(6.) In the result, the present application is allowed by directing that in the event of applicant herein
being arrested in connection with the FIR being C.R. No.11216001230418 of 2023, registered with
Adalaj Police Station, Dist. Gandhinagar, the applicant shall be released on bail on undefined
furnishing a personal bond of Rs.10,000.00 (Rupees Ten Thousand Only) with one surety of like
amount on the following conditions that he:

(a) shall cooperate with the investigation and make himself available for interrogation
whenever required;

(b) shall remain present at the concerned Police Station on 26/9/2023 between 11.00 a.m.
and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to
the applicant;

(c) shall not directly or indirectly make any inducement, threat or promise to any person
acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to
any police officer;

(d) shall not obstruct or hamper the police investigation and not to play mischief with the

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evidence collected or yet to be collected by the police;

(e) shall at the time of execution of bond, furnish the address to the investigating officer
and the court concerned and shall not change his residence till the final disposal of the case till further
orders;

(f) shall not leave India without the permission of the Court and if having passport shall
deposit the same before the Trial Court within a week; and

(g) it would be open to the Investigating Officer to file an application for remand if he
considers it proper and just and the learned Magistrate would decide it on merits;

(7.) 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 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. undefined 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.

(8.) At the trial, the Trial Court shall not be influenced by the prima facie observations made by this
Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent. Application
is disposed of accordingly. Direct service is permitted.

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