R/CR.MA/18298/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 18298 of 2017
LALJIBHAI MELABHAI RAVAL….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR NILESH R KOYANI, ADVOCATE for the Applicant(s) No. 1
MR PREMAL R JOSHI, ADVOCATE for the Applicant(s) No. 1
MRS KIRAN P JOSHI, ADVOCATE for the Applicant(s) No. 1
MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent(s) No. 1
CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 27/07/2017
ORAL ORDER
1. This is an application seeking regular
bail under Section 439 of the Code of Criminal
Procedure in connection with the offence
registered as C.R. No. I-105/2017, with Karjan
Police Station under Sections, Vadodara, under
Sections 363, 366 and 376 of the Indian Penal
Code and Section 3(1)(W)(I)(II) 3(2)(5-1) of the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
2. It is the case of the complainant that
her daughter left home on 03.06.2017 and despite
strenuous efforts, she could not be found. From
the photograph found in the purse of the
prosecutrix, the complainant could gather that
she must have been abducted by the present
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applicant. He is alleged of taking the
prosecutrix away from the custody of her parents
with an intention of physically exploiting her.
3. This Court has heard the learned
Advocate, Mr. Joshi, for the applicant. He has
urged that the applicant is also young and he is
unmarried. The prosecutrix and the applicant are
fond of each other and they intend to marry. He
also has produced today on record, the affidavit
of the complainant, which states that the boy has
only grand-mother in his family and his family is
desirous, after once the prosecutrix attains 18
years of age, for getting her married with him.
He also, on merits, has urged that the
prosecutrix being above 16 years of age and their
fondness for each other, he may not be
incarcerated for longer period. He is a resident
of the State of Gujarat and shall be available
for trial.
4. Learned Public Prosecutor, Mr. Amin, has
pointed out to this Court that the offence, which
are alleged are under the Atrocity Act and under
Section 376 of the IPC. However, he has fairly
submitted that the complainant, who is present
and who has filed her affidavit, has also agreed
to all the contents of her affidavit and the
families are desirous of a permanent relationship
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between the prosecutrix and the applicant. He
also, however, confirmed that there is neither
any coercion or threat on the part of the
applicant, which has led to the filing of the
affidavit of the complainant.
5. Having thus heard the learned Counsels
on both the sides, this Court notices that the
prosecutrix was already above 16 years of age at
the time of alleged incident. It is the case of
the prosecution that, since, the applicant and
the prosecutrix are fond of each other, they had
chosen to elope. Of course, the young age of the
prosecutrix would not permit in law any permanent
relationship between them, at this stage, and
with the affidavit of the mother of the
prosecutrix, this aspect is also further
substantiated. The applicant being an unmarried
young boy, having no antecedents and in fact, he
has intention to convert their relationship into
a permanent one, no purpose is likely to be
served by keeping him behind the bars till the
trial is concluded. He being a permanent resident
of the State of Gujarat shall be available at the
time of trial.
6. Resultantly, this application is
ALLOWED. The applicant is ordered to be RELEASED
on regular bail on his furnishing a solvent
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surety of Rs.15,000/- with another surety of the
like amount to the satisfaction of the trial
Court concerned and on conditions that the
applicant 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 from today;
(d) not leave India without prior permission
of the trial Court concerned;
(e) MARK PRESENCE before the concerned police
station after every 15 days till the filing
of the charge-sheet and shall also regularly
attend the Court proceedings;
(f) furnish the present address of residence
to the Investigating Officer and also to the
trial Court concerned at the time of
execution of the bond and shall not change
the residence without prior permission of
this Court;
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(g) file an AFFIDAVIT / UNDERTAKING before
this Court confirming the truthfulness of the
contents of the affidavit filed by the
original complainant.
7. The Authorities will release the
applicant only if not required in connection with
any other offence for the time being.
8. 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, including of cancellation of bail.
9. Bail bond to be executed before the
lower court having jurisdiction to try the case.
10. 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.
11. Rule is made absolute to the aforesaid
extent. Direct service is Permitted.
(MS SONIA GOKANI, J.)
UMESH
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