R/CR.MA/16675/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 16675 of 2017
RAJU SUJATARAM @ SUJANARAM DEVASHI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR ZUBIN F BHARDA, ADVOCATE for the Applicant(s) No. 1
MS HANSA PUNANI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 04/07/2017
ORAL ORDER
1. Rule, returnable forthwith. Ms.Hansa Punani,
learned Additional Public Prosecutor waives
service of notice of rule for and on behalf of
respondent-State.
2. Present application is filed under section 439 of
the Code of Criminal Procedure, 1973, for regular
bail in connection with CR.No.I-113 of 2017
registered with Limbayat police station, Surat
for the offences punishable under sections 363,
Page 1 of 6
HC-NIC Page 1 of 6 Created On Wed Jul 05 01:42:47 IST 2017
R/CR.MA/16675/2017 ORDER
366 and 376 of the Indian Penal Code and sections
3 and 4 of the Protection of Children from Sexual
Offences Act, 2012.
3. Brief facts of the case are as under:-
3.1 Complainant Anitasing wife of Akhileshsing
Vijaykumarsing Rajput had alleged of her
daughter, who is 17 years and 6 months old to
have been abducted by the present applicant on
8.5.2017 when she had left home by saying that
she was going to beauty parlor. Since the
daughter was not traced, on realizing that the
present applicant is the owner of Sari Shop at
Bombay Market from where, the complainant used to
purchase Sari and that she was knowing applicant
very well, the complainant went to the house of
the applicant to inquire, but the applicant was
not found and, therefore, the complaint.
4. This Court has heard learned advocate Mr. Bharda
for the applicant, who has urged this Court that
Page 2 of 6
HC-NIC Page 2 of 6 Created On Wed Jul 05 01:42:47 IST 2017
R/CR.MA/16675/2017 ORDER
as per Aadhar Card, on the date of incident, date
of birth of the prosecutrix indicates 1.1.1998
and, therefore, the age of the prosecutrix on the
date of incident is more than 18 years. From some
of the photographs that he had chosen not to
place on record, it is urged that they both had
liked each other and this is a case of
prosecutrix voluntarily joining the applicant.
5. This Court has heard learned Additional Public
Prosecutor Ms. Hansa Punani for the respondent
State.
6. Having considered the material on record and also
affidavit of mother before the trial Court where
she had also expressed her wish that a
compromise, due to intervention of some of the
relatives has been arrived at, and as she has no
objection to the bail having granted, this prima
facie appears to be a case where the prosecutrix
has joined the applicant. In any case, she being,
as per Aadhar Card, more than 18 years of age,
the averments and allegations set out in the
Page 3 of 6
HC-NIC Page 3 of 6 Created On Wed Jul 05 01:42:47 IST 2017
R/CR.MA/16675/2017 ORDER
complaint of abduction under sections 363 and 366
of the Indian Penal Code, at this stage, would
enable this Court to allow this application for
regular bail.
7. In the facts and circumstances of the case, the
application is allowed and applicant is ordered
to be released on bail in connection with CR
No.I113 of 2017 registered with Limbayat police
station, Surat on executing a bond of
Rs.10,000/ (Rupees Ten Thousand only) with one
surety of like amount to the satisfaction of the
trial Court and subject to the conditions that he
shall;
(a) not take undue advantage of liberty or misuse
liberty;
(b) not act in a manner injurious to the interest
of the prosecution;
(c) surrender passport, if any, to the lower
court within a week;
(d) not leave India without prior permission of
the Sessions Judge concerned;
Page 4 of 6
HC-NIC Page 4 of 6 Created On Wed Jul 05 01:42:47 IST 2017
R/CR.MA/16675/2017 ORDER
(e) regularly attend Court proceedings;
(f) furnish the present address of residence to
the Investigating Officer and also to the Court
at the time of execution of the bond and shall
not change the residence without prior permission
of this Court;
8. The Authorities will release the applicant only
if not required in connection with any other
offence for the time being.
9. If breach of any of the above conditions is
committed, the trial Court concerned will be free
to issue warrant or take appropriate action in
the matter.
10. Bail bond to be executed before the lower
court having jurisdiction to try the case.
11. At the trial, the trial court shall not be
influenced by the observations of preliminary
nature, qua the evidence at this stage, made by
this Court while enlarging the applicant on bail.
Page 5 of 6
HC-NIC Page 5 of 6 Created On Wed Jul 05 01:42:47 IST 2017
R/CR.MA/16675/2017 ORDER
12. Rule is made absolute to the aforesaid
extent. D.S. Permitted.
(MS SONIA GOKANI, J.)
SUDHIR
Page 6 of 6
HC-NIC Page 6 of 6 Created On Wed Jul 05 01:42:47 IST 2017