Avesh Sokat Saiyed vs State Of Gujarat

Gita Gopi, J

Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first

information report being I-C.R. No.143 of 2019 registered with Dahod Town Police Station, District : Dahod for the offences punishable under

sections 143, 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code.

Ms. Urja Dave, learned advocate for the applicant, referring to the copy of marksheet and fees payment receipt, submitted that the present

applicant is a student and was only present at the place on incident. Ms. Dave submitted that there are cross complaints and accused Babubhai

@Abdulmuttalib Kazi and Arbaaz Navrozkhan Molavi, of the counter complaint have been granted anticipatory bail by the Sessions Court. Ms. Dave

further submitted that false allegations of fist blow by the present applicant has been made, there is no such involvement of the present applicant. The

parties to the complaints are neighbours and relatives, and the issue was regarding the parking of the vehicle. It was, therefore, prayed to grant

anticipatory bail to the applicant.

Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that presence of the applicant was at the place of incident and allegations are

of giving fist blow, thus, no discretion should be exercised in favour of the applicant to grant him anticipatory bail.

Heard the learned advocates for the parties and perused the material on record. It appears that the applicant is a student and as per the documents,

he was in 8th semester of Mechanical Engineering and thus, the document can be read to observe that his presence was continuous in Ahmedabad.

The accused in cross complaint have been granted anticipatory bail in Criminal Misc. Application No.257 of 2020 and Criminal Misc. Application

No.242 of 2020 by the Sessions Court, taking into consideration facts and circumstances of the case and the allegations levelled, discretion is required

to be exercised in favour of the present 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., reported at [2011] 1 SCC 694, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution

Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565.

In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with the first

information report being I- C.R. No.143 of 2019 registered with Dahod Town Police Station, District : Dahod on executing a personal bond of

Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions:

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

(b) shall remain present at concerned Police Station on 19.08.2020 between 11.00 a.m. and 2.00 p.m.;

(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 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 concerned trial court and if having passport shall deposit the same before the concerned 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 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 concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order. Rule is made

absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email

forthwith.