Rasik Arjanbhai Jogal vs State Of Gujarat on 1 August, 2017

R/CR.MA/17636/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 17636 of 2017

RASIK ARJANBHAI JOGAL….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR PRATIK Y JASANI, ADVOCATE for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 01/08/2017

ORAL ORDER

1. The present application is filed under Section

439 of the Code of Criminal Procedure, 1973, for regular

bail in connection with I-CR No.42 of 2017 registered

with Thorala Police Station, Rajkot for offence under

Sections 363, 366 and 376 of the Indian Penal Code and

Sections 4 and 7 of the POCSO 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.

3. Learned APP appearing on behalf of the

respondent-State has opposed grant of regular bail

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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. Investigation is concluded and charge
sheet is filed.

II. The applicant himself is aged 21 years.

III. The statement of the prosecutrix, though
aged 14 years and version given before the
Medical Officer indicates element of love
affair.

6. This Court has also taken into consideration

READ  Ou vs Central Bureau Of Investigation & ... on 20 March, 2009

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.

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

the applicant on regular bail.

8. Hence, the present application is allowed. The

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applicant is ordered to be released on regular bail in

connection with I-CR No.42 of 2017 registered with

Thorala Police Station, 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] 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 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

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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.

10. Bail bond to be executed before the lower Court

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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.)
SHITOLE

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