DHARA INDRAVADANBHAI PANDYA v. STATE OF GUJARAT
Court: High Court of Gujarat
Bench: HONOURABLE MR. JUSTICE J. C. DOSHI
Judgment date:
Case summary
High Court of Gujarat judgment dated 2024-03-05. DHARA INDRAVADANBHAI PANDYA v. STATE OF GUJARAT. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR ANTICIPATORY BAIL) NO. 4333 of 2024 ========================================================== DHARA INDRAVADANBHAI PANDYA Versus STATE OF GUJARAT ========================================================== Appearance: MR PRATIK B BAROT(3711) for the Applicant(s) No. 1 MR SOHAM JOSHI APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 05/03/2024 ORAL ORDER 1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C. R. No. 11209058230007 of 2023 registered with Cyber Crime Police Station, Sabarkantha. 2.
Learned advocate for the petitioner submits that petitioner is ready and willing to deposit the amount which is alleged to have been benefited by her and to that effect the petitioner will file an undertaking before this Court and the learned trial Court. He would further submit that considering the nature of allegations, role attributed to the petitioner, the petitioner may be enlarged on anticipatory bail by imposing suitable conditions. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. 4. Heard the learned Advocates for the respective parties and perused the papers. 5.
Having heard the learned counsel for the parties and 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 exercise discretion in favour of the petitioner as the petitioner has shown readiness and willingness to deposit the amount which is alleged to have been benefited at her hand. 6. This Court while exercising discretion in favour of the petitioner has taken into consideration law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v/s. State of Maharashtra and Ors. [2011] 1 SCC 694, 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. v/s. State of Punjab (1980) 2 SCC 665. This Court has also taken into consideration law laid down in the case of Sushila Agarwal v/s. State (NCT of Delhi [(2020) 5 SCC 1]. 7.
In the result, the present petition is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C. R. No. 11209058230007 of 2023 registered with Cyber Crime Police Station, Sabarkantha the petitioner shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of like amount on the following conditions that the petitioner : (a) shall cooperate with the investigation and make himself available for interrogation whenever required; (b) shall remain present at concerned Police Station on 18&19. 3. 2024 between 10. 00 a. m. and 4. 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 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) shall file an undertaking before this Court that petitioner will deposit the amount which is alleged to have been benefited at her hand within a period of two weeks from today before the learned trial Court in absence thereof the bail granted shall automatically cancelled.
8. If breach of any of the above conditions is committed by the petitioner, the concerned learned Judge will be free to take appropriate action in the matter. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the petitioner on bail. 9. Rule is made absolute. Direct service is permitted. (J. C. DOSHI,J) sompura
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