Amit Alias Ashok Rameshbhai … vs State Of Gujarat on 4 August, 2017

R/CR.MA/11235/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 11235 of 2017

AMIT ALIAS ASHOK RAMESHBHAI VASAVA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
HCLS COMMITTEE, ADVOCATE for the Applicant(s) No. 1
MS.YOGINI H UPADHYAY, ADVOCATE for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE P.P.BHATT

Date : 04/08/2017
ORAL ORDER

1. The present successive application is filed under
Section 439 of the Code of Criminal Procedure by the
applicant for regular bail in connection with First
Information Report being C.R.No.I-20/2015 registered
with Vagra Police Station, District Bharuch, for the
offences punishable under
Sections 363, 366, 376 of
the Indian Penal Code and Sections 3 and 6 of the
POCSO Act.

2. Heard learned advocate for the applicant and
learned Additional Public Prosecutor for the
respondent-State.

3. Learned advocate for the applicant submits that
the applicant is an innocent person, however he has
been falsely implicated in the alleged offences. It is
submitted that the applicant and victim girl were

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known to each other and there was love affair between
them and the victim girl left her parental home
voluntarily. It is further submitted that the
statement of the victim girl has not supported the
prosecution case. It is further submitted that the
trial has yet not concluded, and therefore, the
applicant may be enlarged on bail by imposing suitable
conditions. It is further submitted that the applicant
is having root in Bharuch District and also having
responsibility towards his family, therefore, there is
no likelihood to his run away from the trial and his
presence can be secured at the time of trial by
imposing suitable conditions. It is lastly submitted
considering the nature of allegations and gravity of
offences, the applicant may be enlarged on regular
bail by imposing suitable conditions.

READ  Smt. Sarita vs Bheem Singh on 9 August, 2017

4. Learned Additional Public Prosecutor appearing on
behalf of the respondent-State has opposed the
application for grant of regular bail looking to the
nature and gravity of the offence. It is further
submitted that from the charge-sheet papers there is a
prima facie case against the present applicant. It is
further submitted that crucial witnesses such as
prosecutrix and other prosecution witnesses have been
examined and only Investigating Officer is yet to be
examined. Therefore, the present application may be
rejected.

5. As against that, learned advocate for the
applicant submits that even on the last occasion same
status was mentioned by the learned APP, but there is

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no progress in the trial till date.

6. Regard being had to the above submissions, in
the facts and circumstances of the case, considering
the nature and gravity of accusation made against the
applicant in the First Information Report and other
charge-sheet papers as also considering the statement
of the victim girl, this Court is of the opinion that
discretion is required to be exercised in favour of
the applicant for grant of regular bail. Hence, the
present application is allowed and the applicant is
ordered to be released on regular bail in connection
with the FIR being C.R.No.I-20/2015 registered with
Vagra Police Station, District Bharuch, on his
executing a personal bond of Rs.10,000/- (Rupees Ten
Thousand Only) with one surety of the like amount to
the satisfaction of the learned Trial Court, and
subject to the following conditions, that the
applicant shall;

READ  Ashwini Kumar Verma vs A.K.Tandon & Ors. on 14 August, 2014

[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] not enter within the limits of Vagra Police
Station till the trial is over except for
the purpose of marking presence before the
concerned Police Station and attending the

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trial Court;

[f] mark presence before the concerned Police
Station on every Monday of each English
calendar month for a period of three months
and thereafter, alternate Monday for a
period of six months, between 11:00 a.m. and
2:00 p.m.;

[g] furnish latest and permanent 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.

7. 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. Bail bond to be
executed before the learned 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. At the
trial, learned 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.

READ  Parveen Kumar vs State on 20 February, 2017

8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.

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(P.P.BHATT, J.)
BD Songara

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