Samir Sikandarbhai Malek vs State Of Gujarat on 6 July, 2017

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

READ  Bablu vs State on 7 June, 2017

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

READ  Mrs. Nandabai Balu Dusing-vs-The State Of Maharashtra on 21 July, 1994

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R/CR.MA/14896/2017 ORDER

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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