Allowed

Ravibhai Bahadurbhai Bhutaiya v. State of Gujarat

Gujarat HC15 Jul 2019CR.MA/5031/2019

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 CrPC, the High Court of Gujarat considered the gravity of offenses including dowry murder and criminal intimidation. The court noted the delay between the alleged threat and suicide declined to grant bail subject to conditions, allowing the applicant to oppose future remand applications on merits while remaining available for judicial custo

What did the court decide?

Anticipatory bail granted subject to execution of personal bond of Rs. 10,000 with one surety and compliance with specific conditions including availability for interrogation and prohibition of obstru

Ravibhai Bahadurbhai Bhutaiya Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/5031/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 5031 of 2019

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RAVIBHAI BAHADURBHAI BHUTAIYA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR ZUBIN BHARDA with MR. KISHAN H DAIYA(6929) for the
Applicant(s) No. 1

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MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1
MR LB DABHI APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 15/07/2019

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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. I– 392/2018 registered with Puna Police Station, Surat for the offenses punishable under Sections 306, 384, 114 and 504 of the Indian Penal Code and under Sections 40 and 44 of the Money Landers 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 instructions states that the applicant is ready and willing to abide by all the conditions including imposition

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Page 1 of 5

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R/CR.MA/5031/2019 ORDER

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of conditions with regard to powers of
Investigating Agency to file an application before
the competent Court for his remand. He further
submit 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 appearing on
behalf of the respondent – State has opposed grant
of anticipatory bail looking to the nature and
gravity of the offence.

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5.Having heard the learned advocates for the parties
and perusing the material placed on record and
taking into consideration 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.

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6. This Court has considered following aspects,

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(a)it is contended by learned advocate for the
applicant that all other co-accused are
either enlarged on anticipatory bail or on
regular bail;

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(b) learned APP has verified from the

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Investigating Officer, who is present in the
Court with investigation papers that lastly,
the applicant has contacted the deceased on
telephone on 04.12.2018 and the incident in
question has occurred on 29.12.2018;

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(c) prima facie from the material placed on

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Page 2 of 5

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R/CR.MA/5031/2019 ORDER

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record, it cannot be said that because of the
threat given by the applicant to the deceased
on 04.12.2018, the deceased has committed

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suicide after a period of more than 24 days.

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Thus looking to overall facts and
circumstances of the present case, I am inclined
to consider the case of the applicant.

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7.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.

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8.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. I–392/2018 registered with Puna
Police Station, Suraton 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 22.07.2019 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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Page 3 of 5

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R/CR.MA/5031/2019 ORDER

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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 Sessions 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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9.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

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Page 4 of 5

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R/CR.MA/5031/2019 ORDER

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remand, shall be set free immediately, subject to
other conditions of this anticipatory bail order.

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10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

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11. Rule is made absolute to the aforesaid extent. Direct service is permitted.

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Sd/-
(VIPUL M. PANCHOLI, J.)

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Gautam

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Ravibhai Bahadurbhai Bhutaiya v. State of Gujarat

Case brief

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Ravibhai Bahadurbhai Bhutaiya v. State of Gujarat

Case brief

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