Allowed

Alpesh Dalsinghbhai Vasuniya v. State of Gujarat

Gujarat HC15 Feb 2019CR.MA/1199/2019

Case brief

AI extract

What is this about?

The High Court of Gujarat granted anticipatory bail to the applicant accused under Section 438 CrPC for offenses under the Prohibition Act, subject to personal bond and surety, noting the accused was not found at the spot where liquor was seized. The investigating agency retains the right to apply for remand.

What did the court decide?

Application for anticipatory bail allowed; applicant to be released on bail if arrested, subject to execution of personal bond of Rs. 10,000/- with one surety and payment of security amount.

Alpesh Dalsinghbhai Vasuniya Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/1199/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 1199 of 2019

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ALPESH DALSINGHBHAI VASUNIYA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR. JAVED S QURESHI(6999) for the PETITIONER(s) No. 1 MR KP RAVAL, APP(2) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 15/02/2019

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ORAL ORDER

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1.By way of the present application under
Section 438 of the Code of Criminal
Procedure, 1973, the applicant-accused has
prayed for anticipatory bail in connection
with the FIR being C.R. No.III-182 of 2018
registered with Sukhsar Police Station,
District Dahod for the offenses punishable
under Sections 65E, 67(a), 81, 83, 84,
98(2)and 116(B) of the Prohibition Act.

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2.Learned advocate for the applicant submits
that the nature of allegations are such for
which custodial interrogation at this stage
is not necessary. He further submits that the
applicant will keep himself available during
the course of investigation, trial also and
will not flee from justice.

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3. Learned advocate for the applicant, on

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Page 1 of 5

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R/CR.MA/1199/2019 ORDER

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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 further submits 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. Learned advocate,
therefore, submitted that considering the
above facts, the applicant may be granted
anticipatory bail.

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4. Learned Additional Public Prosecutor

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appearing on behalf of the respondent – State
has opposed grant of anticipatory bail
looking to the nature and gravity of the
offence. Learned Additional Public Prosecutor
has pointed out from the investigating papers
that the liquor worth Rs.10 lacs was found
from the house in which the Aadhar card of
the applicant was found in one bag wherein
Rs.50,000/- cash was also found from the said
house, thereby, the applicant is involved in
the alleged offence. It is further submitted
that there is another FIR which is registered
against the applicant.

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5. Having heard the learned advocates for the parties and perusing the material placed on

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Page 2 of 5

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R/CR.MA/1199/2019 ORDER

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record as well as considering the facts of
the case, nature of allegations, gravity of
offences, 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 considered the aspects that;
(i) the applicant was not found from the
spot; (ii) the house from which the liquor
was found does not belong to the present
applicant; (iii) From the FIR, it is revealed
that one Mr.Kailashbhai Sriram Gurjar was
found from the said house; (iv) thus, there
is no material in the investigating papers
that the said house belongs to 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

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Satlingappa Mhetre vs. State of Maharashtra

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and Ors. as 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., as reported at (1980) 2 SCC 665.

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6.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 a FIR being C.R. No.III-

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182 of 2018 registered with Sukhsar Police

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Page 3 of 5

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R/CR.MA/1199/2019 ORDER

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Station, District Dahod on his executing a
personal bond of Rs.10,000/- (Rupees Ten
Thousand Only) with one surety of like amount
on the following conditions:

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

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(b) shall remain present at concerned Police Station on 22.2.2019 between 11.00 a.m. and 2.00 p.m.;

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(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;

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(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;

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(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;

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(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

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(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;

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Page 4 of 5

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R/CR.MA/1199/2019 ORDER

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8.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.

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9.At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court in the present order.
10.Rule is made absolute to the aforesaid
extent. Direct service is permitted.

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(VIPUL M. PANCHOLI, J)

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SRILATHA

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Page 5 of 5

Alpesh Dalsinghbhai Vasuniya v. State of Gujarat

Case brief

What is this about?

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Alpesh Dalsinghbhai Vasuniya v. State of Gujarat

Case brief

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