Naresh @ Bhaylu Ravjibhai Parmar vs State Of Gujarat

RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent­State.

By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.III­1079/2019 before Makarpura Police Station, District: Vadodara for the offence under Sections 65(E), 81 and 116(B) of the Prohibition Act.

Learned advocate for the applicant submits that there is no antecedent against the present applicant and he has verified the correctness of the issue. He further submits that in the affidavit filed by the Investigating Officer before the learned Sessions Court, it is stated that one offence has been registered Page 1 of 5 Downloaded on : Sat Jul 25 00:34:15 IST 2020 R/CR.MA/9988/2020 ORDER against the present applicant under the Prohibition Act but in fact, it was not against the present applicant, but against one Mr.Dinesh Chandubhai. Learned advocate for the applicant further submits 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 investigation and will not flee away from the justice. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. 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. Learned advocate for the applicant would further submit that upon filing of such application by the Investigating Agency, the right of applicant to oppose such application on merits may be kept open.

Learned Additional Public Prosecutor appearing on behalf of the respondent­State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.

Heard the learned Advocates for the respective parties and perused the papers.

Considering the facts of the case and allegations made in the complaint, no name of the present applicant has been disclosed from the beginning and no averments are made by the complainant against the present applicant involving him in Page 2 of 5 Downloaded on : Sat Jul 25 00:34:15 IST 2020 R/CR.MA/9988/2020 ORDER the offence or any participation thereof. As per the submissions made by learned APP for the respondent­State, from the statement of the co­accused, name of the present applicant was disclosed and he had placed the order of muddamal liquor but there is nothing on record of involving of the present applicant in the offence. After perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.

In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C.R No.III­1079/2019 before Makarpura Police Station, District: Vadodara, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/­ (Rupees Thousand only) with one surety of like amount on the following conditions that the applicant shall :

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

31.07.2020 between 11.00 a.m. and 2.00 p.m.;

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

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

(f) 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;

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 Page 4 of 5 Downloaded on : Sat Jul 25 00:34:15 IST 2020 R/CR.MA/9988/2020 ORDER treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted and the power of the learned Magistrate to consider such a request in accordance with law. 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. Rule is made absolute. Application is disposed of accordingly.

Registry is directed to send a copy of this order to the concerned Police Station through fax or email forthwith.

(B.N. KARIA, J) TAUSIF SAIYED ­­­ Page 5 of 5 Downloaded on : Sat Jul 25 00:34:15 IST 2020