Rajesh Balvantbhai Khant vs State Of Gujarat on 13 September, 2017

R/CR.MA/21926/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 21926 of 2017

RAJESH BALVANTBHAI KHANT….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR PRADIP J PATEL, ADVOCATE for the Applicant(s) No. 1
MS SS PATHAK, PUBLIC PROSECUTOR for the Respondent(s) No. 1

CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 13/09/2017
ORAL ORDER

1. This is an application for regular bail
under Section 439 of the Code of Criminal
Procedure in connection with the offence
registered as I-C.R. No. 76 of 2017 with Shahera
Police Station under
Sections 363, 366 and 376(2)
(N) of the Indian Penal Code and
Section 4 of
the Protection of Children from Sexual Offences
Act, 2012.

2. As per the case of the prosecution, on
30.06.2017, when the complainant and his family
members had gone to their agricultural field, the
daughter of the complainant, who is aged 17 and a
half year, was at home. When, she did not join
the family at the field for lunch, they hunted
for her and eventually realized that the
applicant had taken her away from the custody of

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her parents, without their permission or consent.
She was found after a long time, and hence, this
complainant.

3. According to the applicant, he and the
prosecutrix both are fond of each other and with
her consent, they both had eloped. It is also
his say that the family members of the
prosecutrix were against their relationship, and
therefore, without their consent they had gone
away. He is a young boy with no criminal
antecedents and has clear intention to marry her.

4. Learned APP has resisted this
application on the ground that she is young and
is incapable of giving consent for any of the
acts committed. She, further, urged that the
applicant would be capable to influence her, if,
he is released on bail.

5. This Court has heard both the sides and also
perused the material on record, including the
medical papers, history given before the Medical
Officer etc.. Considering the allegations
levelled in the FIR and the total period taken
coupled with the medical history and the
examination report, this Court is of the opinion
that looking to the young age of the applicant
and as the trial is likely to take longer time,

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discretion requires to be exercised.

Resultantly, this application is ALLOWED. The
applicant is ordered to be RELEASED on regular
bail on his furnishing a solvent surety of
Rs.25,000/- 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) regularly attend 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

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this Court;

(g) NOT ENTER within the limits of
Panchmahal District till the recordance of
the evidence of the prosecutrix.

7. Indulgence / involvement in any other
offence shall entitle the prosecution to move for
cancellation of bail.

8. The Authorities will release the
applicant only if not required in connection with
any other offence for the time being.

9. 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.

10. Bail bond to be executed before the
lower court having jurisdiction to try the case.

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.

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(MS SONIA GOKANI, J.)
UMESH

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