- (1.) The instant habeas corpus petition has been filed by the petitioner Hardik for granting following prayer: "A) That this Hon'ble Court be pleased to admit and allow this petition for writ in the nature of Habeas Corpus and writ be issued against the respondents directing them to produce the corpus of the petitioner HARDIC BHARATBHAI PATEL before this Hon'ble Court; B) That this Hon'ble Court be pleased to liberate/free/release the petitioner forthwith from the illegal and unlawful confinement of the concerned erring police officials subject to all the conditions imposed upon him by the Hon'ble Gujarat High Court; C) That this Hon'ble Court be pleased to direct/order the respondents to take all the necessary measures for ensuring the personal safety and security of the petitioner from ensuring his production in this Hon'ble Court; D) That this Hon'ble Court be pleased to direct the respondents and the concerned erring police officials to adequately compensate the petitioner for his illegal confinement, harassment and humiliation caused to him at their behest; E) That this Hon'ble Court be pleased to direct the Respondent No.1 to take necessary legal actions against erring police officials from their criminal misuse of power; F) That this Hon'ble Court be pleased to issue any other appropriate writ, order or direction as deemed fit and proper in the peculiar facts and circumstances of the present case;"
(2.) As per the facts of the case, the petitioner was arrested in First C.R. No.90/2015 registered with DCB Police Station, Ahmedabad and First C.R. No.135/2015 registered with Amroli Police Station, Sura and he was released on bail after his arrest by the Gujarat High Court by common judgment dated 8.7.2016 passed in Cr. Misc. Application No.6440 and 6873/2016, while granting bail certain conditions were imposed against the petitioner. Out of these conditions, there was condition that accused petitioner shall reside outside the State of Gujarat for six months and give details of his temporary address of outside State of Gujarat where he is going to reside for a period of six months and shall not change the said address without prior permission of the Court. Another condition was imposed against the petitioner that he shall file a fresh notarized undertaking before the concerned trial court within a period of two days from the date of his release as filed before this Court earlier and shall also declare that he is ready and willing to remain outside the territorial limits of State of Gujarat for a period of six months from the date of his release. In this writ petition it is contended that in compliance of the order passed by the Gujarat High Court an undertaking was filed by him and informed the court that he will not enter in the territory of the State of Gujarat for six months, so also, during that period he will stay in Udaipur temporarily. The petitioner furnished his temporary address of Udaipur before the trial court where he is presently residing. After furnishing above undertaking and information about his temporary residence at Udaipur, the petitioner entered in the city of Udaipur on 17.7.2017 at around 1.00 pm and gave information promptly to the Gujarat High Court. As per the condition imposed by the Gujarat High Court in bail order to mark his presence on every Monday at nearest Police Station, the petitioner appeared before the SHO Police Station Pratapnagar to mark his presence at 10.30 am and returned back to his place of residence. As per facts stated in the petition, on 19.7.2016 the petitioner left Udaipur to visit Shreenathji Temple, Nathdawara for "Darshan" and "Pooja" and stayed at Vallabh Darshan Hotel during night but come back to Udaipur at 10.00 A.M. on next date on 20.7.2016. According to the petitioner on 20.7.2016 at around 12'O Clock noon, Mr. Bhagwat Singh Hingar (Dy. Superintendent of Police, Udaipur Range) and Mr. Surendra Singh (Circle Inspector, Pratapnagar Police Station) visited his residence and asked him to meet Mr. Anand Shrivastav, Inspector General of Police (Udaipur Range) at IG Office. According to the petitioner, he went to the chamber of Inspector General of Police alongwith his uncle Vipul Patel and his friend Ashok Patel, where Mr. Anand Shrivastav (Inspector General of Police) and other police officials namely Mr. Rajendra Prasad (Superintendent of Police, Udaipur Range), Mr. Sudhir Joshi (Addl. Superintendent of Police, Udaipur), Mr. Bhagwat Singh Hingar (Dy. Superintendent of Police, Udaipur Range) and Mr. Surendra Singh Bhati (Circle Inspector, Pratap Nagar Police Station) were present, at that time, Mr. Anand Srivastav instructed him that he cannot move out of the house and they will not allow him to leave the house for six months as per conditions imposed by the Gujarat High Court in the order dated 8.7.2016. The petitioner asked the Inspector General, Udaipur that Gujarat High Court has granted him liberty to move freely outside the State of Gujarat and no other condition is imposed that I cannot move outside the house for six months. As per submission of the petition police officers wrongly and deliberately with the malafide intention misinterpreted the condition imposed upon him by the Gujarat High Court in the order dated 8.7.2016 and put him under "house arrest" and gave threatening not to come outside from the circumscribing limits of his temporary residence otherwise he will face dire consequences.
(3.) It is stated by the petitioner that heavy police force consisting of more than 20 police personnel arrived at his residence and a large number of police officers are deployed at his place of residence, CCTV cameras have also been installed, so also temporary police chowki has been set up in front of his house. The learned counsel for the petitioner submits that it is a case of illegal detention because police authorities of Udaipur put the petitioner under house arrest in spite of the fact that Gujarat High Court has released him on bail and granted liberty to live peacefully. The crux of the argument of the learned counsel for the petitioner is that right from 20.7.2016 the police authorities of Udaipur put restrictions upon him and they are not allowing him to come out from the residence under the garb of conditions imposed in the order dated 8.7.2016 of the Gujarat High Court and this action of the police officer of Udaipur is an offence under Section 341, 342, 343, 344, 352, 504, 114 and 120B of IPC.;