Vasimbhai Hanifbhai Kuresh vs State Of Gujarat & on 28 July, 2017

R/CR.MA/17060/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
17060 of 2017

VASIMBHAI HANIFBHAI KURESH….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR LAXMANSINH M ZALA, ADVOCATE for the Applicant(s) No. 1
PARIMALSINH J VAGHELA, ADVOCATE for the Applicant(s) No. 1
SWETA A DAVE, ADVOCATE for the Applicant(s) No. 1
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 2
MR. KULDEEP D VAIDYA, ADVOCATE for the Respondent(s) No. 2
MS CM SHAH, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 28/07/2017
ORAL ORDER

1. This application is filed by the applicant under Section 439

of the Code of Criminal Procedure, 1973 for regular bail in

connection with FIR registered at C.R. No.I-36/2017 with

Chotila Police Station for the offence punishable under

Sections 363, 366 of the Indian Penal Code, under Sections

12, 18 of the Prevention of Child from Sexual Offence Act

and under Section 3(1)(R)(S)(W-1), 3(2)(5-A) of the

Scheduled Castes Scheduled Tribes (Prevention of

Atrocities) Amendments Act.

2. Learned advocate appearing on behalf of the applicant

submits that considering the nature of offence, the

applicant may be enlarged on regular bail by imposing

Page 1 of 4

HC-NIC Page 1 of 4 Created On Sat Jul 29 00:40:18 IST 2017
R/CR.MA/17060/2017 ORDER

suitable conditions.

3. On the other hand, the learned Additional Public

Prosecutor appearing for 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 a 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 nature of allegations and the statement of the

prosecutrix, though below 15 years, indicate elements of

love affair;

II) The applicant himself is aged 20 years;

This Court has 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.

6. In the facts and circumstances of the case and considering

the nature of the allegations made against the applicant in

the First Information Report, without discussing the

Page 2 of 4

HC-NIC Page 2 of 4 Created On Sat Jul 29 00:40:18 IST 2017
R/CR.MA/17060/2017 ORDER

evidence in detail, prima facie, this Court is of the opinion

that this is a fit case to exercise the discretion and enlarge

the applicant on regular bail.

7. Hence, the present application is allowed. The applicant is

ordered to be released on regular bail in connection with

C.R. No.I-36/2017 registered with Chotila Police Station 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) 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.;

(f) furnish the present 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 the residence

Page 3 of 4

HC-NIC Page 3 of 4 Created On Sat Jul 29 00:40:18 IST 2017
R/CR.MA/17060/2017 ORDER

without prior permission of this Court;

(g) shall not enter into the Districts of Bhavnagar and

Surendranagar till the completion of trial;

8. The authorities will release the applicant only if he 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.

9. 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.

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.

The application is allowed in the aforesaid terms. Rule is

made absolute to the aforesaid extent. Direct Service is

permitted.

(A.Y. KOGJE, J.)

Dolly

Page 4 of 4

HC-NIC Page 4 of 4 Created On Sat Jul 29 00:40:18 IST 2017

Leave a Comment

Your email address will not be published. Required fields are marked *