R/CR.MA/14896/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 14896 of 2017
SAMIR SIKANDARBHAI MALEK….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR BHAVESH P TRIVEDI, ADVOCATE for the Applicant(s) No. 1
MR RR TRIVEDI, ADVOCATE for the Applicant(s) No. 1
MR CM SHAH APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 06/07/2017
ORAL ORDER
1. The present application is filed under Section 439 of
the Code of Criminal Procedure, 1973, for regular bail in
connection with FIR being C.R. No. 0011/16 registered with
Virpur Police Station, Taluka: Jetpur, District: Rajkot
for the offence under Sections 363, 366, 376 of the Indian
Penal Code and Section 6 of Prevention of Children for
Sexual Offences Act.
2. Learned Advocate appearing on behalf of the applicant
submits that considering the nature of the offence, the
applicant may be enlarged on regular bail by imposing
suitable conditions.
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3. Learned APP appearing on behalf of the respondent-State
has opposed grant of regular bail looking to the nature
and gravity of the offence.
4. Learned Advocates appearing on behalf of the respective
parties do not press for further reasoned order.
5. I have heard the learned advocates appearing on behalf
of the respective parties and perused the papers.
Following aspects are considered:-
I. The investigation is now concluded and
charge sheet is filed.
II. The applicant himself is aged 21 years.
III. There appears to be love affair with
the prosecutrix.
6. This Court has also taken into consideration the law
laid down by the Hon’ble Apex Court in the case of Sanjay
Chandra v. Central Bureau of Investigation, reported in
[2012]1 SCC 40.
7. In the facts and circumstances of the case and
considering the nature of the allegations made against the
applicant in the FIR, without discussing the evidence in
detail, prima facie, this Court is of the opinion that
this is a fit case to exercise the discretion and enlarge
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the applicant on regular bail.
8. Hence, the present application is allowed. The
applicant is ordered to be released on regular bail in
connection with FIR being C.R. No. 0011/16 registered with
Virpur Police Station, Taluka: Jetpur, District: Rajkot on
executing a personal bond of Rs.10,000/- (Rupees Ten
Thousand only) with one surety of the 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 the State of Gujarat without prior
permission of the Sessions Judge concerned;
[e] not to enter in Virpur Town for a period of 6
months except for marking presence and attending the
trial;
[f] mark presence before the concerned Police Station
on alternate Monday of every English calendar month
for a period of six months between 11:00 a.m. and
2:00 p.m.;
[g] 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;
9. The authorities will release the applicant only if he
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is not required in connection with any other offence for
the time being. If breach of any of the above conditions
is committed, the Sessions Judge 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. It will be open for the
concerned Court to delete, modify and/or relax any of the
above conditions, in accordance with law.
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.
12. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(A.Y. KOGJE, J.)
ashish
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