Karan Dineshbhai Bhure vs State Of Gujarat on 7 July, 2017

R/CR.MA/12968/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 12968 of 2017

KARAN DINESHBHAI BHURE….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR ZUBIN F BHARDA, ADVOCATE for the Applicant(s) No. 1
MR. HANSA PUNANI ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1

CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

Date : 07/07/2017

ORAL ORDER

1. The present application has been filed by the
applicant-accused under Section 439 of Criminal
Procedure Code for regular bail.

2. The applicant-accused is charged with having
committed offences under
Sections 363, 366 and
376 of the Indian Penal Code, and under section 4 of
the Protection of Children from Sexual Offences Act,
2012 for which, FIR being I-C.R.No.135/2016 has
been lodged at Bhilad Police Station, Valsad.

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3. The complaint is given by the mother of

prosecutrix who is also a working lady, serving in one
of the companies in Umargam. It is her say that on
7.11.2016 her eldest daughter was not found at
home and on inquiry, it was realised that she had
left home in the morning. It is alleged that the
present applicant lured her promising her marriage
and both had gone to shirdi. The complaint came to
be lodged on the very day on 7.11.2016 and the
arrest of the applicant-accused was on 21.11.2016 for
the offences of abduction etc.

4. Upon completion of the investigation and filing
of the chargesheet, the applicant filed an application
being Criminal Misc. Application 1119/2017 before
the Court of learned Additional Sessions Judge at
Valsad. The learned Additional Sessions Judge Valsad
rejected such application of regular bail on 3.5.2017.

READ  Shri Y. Kunjappan-vs-Chitralekha Tarachand Anandi on 4 August, 2011

5. Aggrieved applicant is before this Court with a
request that though the age of the prosecutrix makes
the act a technical offence, considering her own
statement of 30.11.2016 recorded before the
Chairman, District Child Welfare Committee Valsad,
it is clear that she had eloped with the applicant at
her own volition and she did not have any physical
relationship with the applicant. It further the say of

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the applicant that she had given her additional
statements on 20.11.2016, 24.11.2016 and
30.11.2016.

6. Learned counsel, Mr Zubin F. Bharda for the
applicant urged that the applicant boy is only 20
years old. He is very young and was in the
neighbourhood. They were fond of each other and at
the instance of the applicant they both had chosen to
go away.

7. Learned A.P.P., Ms.Punani resisted the present
application. She has urged that the girl since is
below 16 years, this court nay not exercise its
discretion in enlarging the present applicant accused.
The trial has not yet begun. On his release he may
manoeuvre many witnesses. Moreover, the parents of
the girl have left the village Anklash to settle
elsewhere. Any order of release at this stage maynot
be desirable.

8. In view of the rival submissions and having
regard to the background of facts, and when the
charge sheet has already been laid and the applicant
who is 20 years of age is unmarried with no criminal
antecedents.

READ  Dr. (Mrs.) Rajashri Subhash ... vs Dr. Subhash Babanrao Kamble And ... on 9 March, 2007

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8.1 This Court is of the opinion that it is

desirous not to continue the applicant with hardened
criminals and this application deserves to be allowed.
The prosecutrix was one month short in her age of
16years and this technical offence should not allow
the applicant for a longer duration in jail. He is in
the jail for the past 9 months.

8.2 This Court is conscious of the fact that the
prosecutrix is technically beyond the age of 16 years
of age. It cannot be also oblivious of the young age
of the boy and the detailed history which emerges
from the papers of charge sheet. This appears to be
case where the applicant is going to be available for
trial and therefore it is necessary to allow the same
imposing stringent conditions.

9. Accordingly, present application stands allowed.
The applicant is ordered to be released on regular
bail in connection with I-C.R.No. 135/2016 registered
with Bhilad Police Station on his executing a bond of
Rs.20,000/- (Rupees Twenty Thousand Only) with one
solvent surety of the like amount to the satisfaction of
the lower Court and subject to the conditions that he
shall:

(a) not take undue advantage of his liberty or
abuse his liberty.

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(b) not to try to tamper or pressurize the
prosecution witnesses or complainant in any
manner.

(c) not act in any manner injurious to the
interest of the prosecution.

READ  Shaikah Bakshu And Ors vs State Of Maharashtra on 21 June, 2007

(d) maintain law and order and should
cooperate the investigating officers.

(e) furnish the address of his residence to the
Investigating Officer and also to the Court at
the time of execution of the bond and shall
not change his residence without prior
permission of the Court.

(f) surrender his passport, if any, to the lower
Court, within a week.

(g) mark his presence before concerned Police
Station 1st day of every calender month
between 11:00 AM and 2:00 PM.

1. If breach of any of the above conditions is
committed, the concerned Sessions Judge will be
free to issue warrant or take appropriate action
in the matter.

2. Bail before the lower Court having
jurisdiction to try the case. It would be open to
the trial Court concerned to give time to furnish
the solvency certificate if prayed for.
Rule is made absolute. Direct service permitted

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(MS SONIA GOKANI, J.)
MARY

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