Ravikumar @ Munna Indravadan … vs State Of Gujarat on 17 July, 2017

R/CR.MA/17384/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 17384 of 2017

RAVIKUMAR @ MUNNA INDRAVADAN SOLANKI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR DHRUV K DAVE, ADVOCATE for the Applicant(s) No. 1
MR. MAHITOSH U SINGH, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1

CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

Date : 17/07/2017

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, 376(2)
(J), 342, 114 of the Indian Penal Code, 1860 and
Sections 4 and 6 of the POCSO Act, 2012 for which,
FIR being I-C.R.No. I 103 of 2017 has been lodged at
Dindoli Police Station.

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R/CR.MA/17384/2017 ORDER

3. It is the case of the prosecution that on
23.5.2017 the complainant was in Maharashtra for
business purpose and he received a phone call from
his wife that his daughter had not returned from her
tuition classes. Her mobile phone was switched off
and his son had received a phone call that she was
safe and there was nothing to worry. Under the
apprehension that somebody may have enticed the
daughter in a marriage proposal and had taken her
away though young and minor, the present
complaint is filed.

4. It is the case of the applicant that he and the
prosecutrix were studying in the same school and
were fond of each other and therefore had decided to
go away for the purpose of marriage.

5. Learned advocate Mr. Dave appearing for the
applicant has stated the boy is young of about 21
years who had no ill intention of any kind and wanted
to marry the girl. He also had called the brother of
the girl and ensured him that she was safe.

6. His remand according to the learned advocate
was sought upto 2 days and the investigation qua him
is completed. Keeping him behind bar may not serve
any purpose and procuring his presence is also not
difficult as he is a permanent resident of Surat.

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5. Learned APP relied on the papers of

investigation and resisted the application.

6. Having heard both the sides, this Court notices e
the birth date of the victim which makes her 17 years
and 2 months old when the incident has taken place.
It is allegedly a case of abduction of taking the girl
without consent of the parents from the custody.
Looking at the fact that the applicant is also 21 years
and also as culls out prima facie the papers that they
were pursuing studies in the same school and with a
fondness towards each other had befriended with no
difficulty in procuring the presence of the applicant at
the time of trial in the opinion of this court keeping
him behind bar may not serve any purpose. Apt would
be to refer to the decision of the Apex Court in case of
Sanjay Chandra Vs, CBI (2012) (1) SCC pg 40.

6. Accordingly, present application stands allowed.
The applicant is ordered to be released on regular
bail in connection with I-C.R.No.103/2017 registered
with Dindoli 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:

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R/CR.MA/17384/2017 ORDER

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

(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.

(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.

(h) shall not enter the District Surat except from
marking presence till the filling of thecharge
sheet.

              (i)shall      not      contact          the      prosecutrix                or      any
whitenesses nor would tamper any
evidences.

7. If breach of any of the above conditions is
committed, the concerned Sessions Judge will be free

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R/CR.MA/17384/2017 ORDER

to issue warrant or take appropriate action in the
matter.

8. 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

(MS SONIA GOKANI, J.)
MARY

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