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CR.MA/2497/2010 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2497 of
2010
=========================================================
KAPIL
SURENDRAKUMAR SAVITA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HARIT N SOMPURA for
Applicant(s) : 1,
MR HL JANI, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/03/2010
ORAL
ORDER
1. This
is an application preferred under Section 438 of the Code of Criminal
Procedure, 1973 by the applicant for anticipatory bail, who
apprehending his arrest, in connection with FIR registered as CR No.
I 157 of 2009 with Limbayat Police Station, Surat for the offence
punishable under Sections 498-A, 304-B and 114 of the Indian Penal
Code as well as Sections 3 & 4 of the Dowry Prohibition Act.
2. Learned
advocate for the applicant, at the outset, submitted that the
applicant is not residing at Ahmedabad apparently he is residing with
his parents at Kanpur and he is not involved in the alleged
commission of offence punishable under Sections 498-A, 304-B and 114
of the Indian Penal Code as well as Sections 3 & 4 of the Dowry
Prohibition Act . Considering the aforesaid facts and circumstances
of the case and the role attributed to the applicant as reflected in
F.I.R. at Annexure A to the application, he deserves to be granted
the prayer, as set out, in the application.
3. Learned
A.P.P. Mr. H.L. Jani, representing the State, while opposing the bail
application, submitted that the applicant is involved in a serious
offence punishable under Sections 498-A, 304-B and 114 of the Indian
Penal Code as well as Sections 3 & 4 of the Dowry Prohibition
Act. Considering the role attributed to the applicant, no
discretionary relief be granted to the applicant and the application
deserves to be dismissed.
4. Heard
learned advocate Mr. H.N. Sompura for the applicant and learned
A.P.P. Mr. H.L. Jani for the respondent-State at length and in great
detail. I have considered the rival submissions,role attributed to
the applicant which is reflected in FIR at Annexure-A to the
application, police papers, statements of witnesses etc. and since
the co-accused have already been enlarged on anticipatory bail vide
order dated 16.02.2010 passed by this Court in Criminal Misc.
Application No. 796 of 2010, I am of the view that the present
applicant also deserves to be enlarged on bail.
5. In
the event of arrest of the applicant in connection with CR No. I 157
of 2009 registered with Limbayat Police Station, Surat for the
offence punishable under Sections 498-A, 304-B and 114 of the Indian
Penal Code as well as Sections 3 & 4 of the Dowry Prohibition
Act, he shall be released on bail on executing a bond of Rs.10,000/-
[Rupees ten thousand only] with one surety of the like amount on the
following conditions that he shall:
[a] co-operate
with the investigation and make himself available for interrogation
whenever and wherever required.
[b] shall
remain present at the concerned Police Station on 05.04.2010 between
9.00 AM to 3.00 PM.
[c] shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them from
disclosing such facts to the Court or to any police officer;
[d] at
the time of execution of bond, furnish his residential address to the
investigating officer and the Court concerned and shall not change
the residence till the final disposal of the case or till further
orders;
[e] not
leave India without the permission of the Court and, if holding a
passport, he shall surrender the same before the Trial Court within a
week;
[f] not
obstruct or hamper the police investigation and not play mischief
with the evidence collected or yet to be collected by the police;
6. It
would be open to the Investigating Officer to file an application for
remand if he considers it proper and just; and the competent Court
would decide it on merits.
7. This
order will hold good, if the applicant is arrested at any time within
90 days from today. The order for release on bail will remain
operative only for a period of ten days from the date of his arrest.
Thereafter, it will be open to the applicant to make a fresh
application for being enlarged on bail in usual course, which, when
it comes up before the competent Court, will be decided in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time, without being influenced by
the fact that anticipatory bail was granted.
8. With
these directions, this application is allowed. Rule is made
absolute. Direct Service is permitted.
[H.B.
Antani, J.]
Shekhar
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