Allowed

Jagdish Chhogaji Barot v. State of Gujarat

Gujarat HC19 Feb 2019CR.MA/982/2019

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail under Section 438 CrPC to a Government servant accused of offences under the Indian Penal Code. The court imposes specific conditions including a personal bond, cooperation with investigation, and surrender of passport if available while preserving the right to oppose future remand applications on merits.

What did the court decide?

Anticipatory bail granted with a personal bond of Rs. 10,000 and strict compliance to specified conditions, including availability for interrogation and surrender of passport if held.

Jagdish Chhogaji Barot Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/982/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 982 of 2019

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==========================================================

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JAGDISH CHHOGAJI BAROT

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Versus
STATE OF GUJARAT

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==========================================================

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Appearance:

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MR NK MAJMUDAR(430) for the PETITIONER(s) No. 1
MR KP RAVAL, APP for the RESPONDENT(s) No. 1

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==========================================================

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 19/02/2019

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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 to release
him on anticipatory bail in case of his arrest in
connection with the FIR registered at C.R. No.I–
101 of 2018 with Dhanera Police Station, District
Banaskantha for the offence punishable under
Sections 392, 506(2) and 114 of the Indian Penal
Code.

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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. Besides, the applicant is available
during the course of investigation and will not
flee from justice. In view of the above, the
applicant may be granted anticipatory bail.

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Page 1 of 5

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R/CR.MA/982/2019 ORDER

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Learned advocate for the applicant, on
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 would 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.

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Learned advocate for the applicant has
produced on record communications made by the
concernedTalati-cum-MantritoDistrict
Development Officer wherein various Talati-cum-
Mantries have given complaint against the present
complainant. It is submitted that applicant is
falsely implicated in the alleged offence.

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3.LearnedAdditionalPublicProsecutor
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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4.Having heard the learned advocates for the
parties and on perusing the material placed on
record and taking into consideration the facts of
the case, nature of allegations, gravity of

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Page 2 of 5

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R/CR.MA/982/2019 ORDER

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offences, role attributed to the accused,
looking to the allegations levelled against the
applicant and looking to the communication
produced by the learned advocate appearing for
the applicant on record and looking to the fact
that the applicant is Government servant, without
discussing the evidence in detail, at this stage,
I am inclined to grant anticipatory bail to the
applicant.

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5.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. 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 by directing that in the event of
applicant herein being arrested pursuant to FIR
registered at C.R. No.I–101 of 2018 with Dhanera
Police Station, District Banaskantha, the
applicant 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 he:

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(a) shall cooperate with the investigation

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Page 3 of 5

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R/CR.MA/982/2019 ORDER

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andmakehimselfavailablefor
interrogation whenever required;

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(b) shall remain present at the concerned Police Station on 26.02.2019 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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7. 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

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Page 4 of 5

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R/CR.MA/982/2019 ORDER

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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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8.At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court in this order while enlarging the
applicant on bail.

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

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(VIPUL M. PANCHOLI, J)

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Jani

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Page 5 of 5

Jagdish Chhogaji Barot v. State of Gujarat

Case brief

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Jagdish Chhogaji Barot v. State of Gujarat

Case brief

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