Decided on April 23,2020

Harshadbhai Govindbhai Patel Appellant


- (1.) Heard learned advocate for the applicant Mr.Salil Thakore for the applicant and learned Additional Public Prosecutor Mr.Manan Mehta for the respondent.
(2.) At the outset, learned advocate for the applicant submitted that in Criminal Miscellaneous Application No.6082 of 2020, co-accused has been granted protection by this Court.
(3.) Even without considering the said aspect and even without going into the merits of the case, the Court could notice from the record that previously the applicant had filed Criminal Miscellaneous Application No.5911 of 2020 for seeking anticipatory bail in respect of the very F.I.R. for which the present application is filed. 3.1 The said Criminal Miscellaneous Application No.5911 of 2020 was disposed of by this Court on 01st April, 2020 in which it was inter alia observed as under. "4. As requested by the learned Senior Advocate Mr.R.S. Sanjanwal appearing for the applicant and learned Public Prosecutor Mr.Amin for the State, the Court passes the present order considering prevailing situation namely the lock down declared by the State in view of COVID19 Pandemic, without going into the merits of the case. 5. Having regard to the facts and circumstances of the case, the present application is allowed by directing that in the event of the applicant Harshadbhai G. Patel being arrested pursuant to FIR being No.11216008200118 registered with Gandhinagar Sector 7 Police Station, Gandhinagar, the applicant shall be released on bail upto 20.04.2020, on his furnishing a personal bond of Rs.1,00,000/(Rupees one lakh only), and the surety of the like amount subject to the satisfaction of the concerned Court and subject to the following conditions that the applicant [a] shall cooperate with the investigation and make himself available for interrogation as and when required. [b] shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the Court or to any Police Officer; [c] shall at the time of execution of bond, furnish his correct address and the phone number to the Investigating Officer and the Court concerned, and shall not change the residence till further orders; [d] will not leave Gujarat without the prior permission of the Court and, if he is holding a Passport, he shall surrender the same before the concerned Court within a week.";

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