Uttam @ Tino Jaysukhbhai Vekariya vs State Of Gujarat on 12 September, 2017

R/CR.MA/20611/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20611 of 2017

UTTAM @ TINO JAYSUKHBHAI VEKARIYA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 12/09/2017

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-97 of 2016 with Mahila Police Station, Rajkot for

the offence punishable under Sections 376 (D), 363, 366,

506(2) and 114 of the Indian Penal Code and Section 4, 6

and 17 of the Protection of Children from Sexual Offences

Act, 2012.

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

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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) investigation is concluded and charge-sheet is filed ;
II) the co-accused are enlarged on regular bail by this
Court as well as Sessions Court;

III) the age of the applicant being 20 years.
IV) the submission on behalf of the learned APP is that
the prosecutrix is only age of 14 years and that the role of
the applicant is different than the other co-accused who
was enlarged on regular bail still considering the age of
the applicant and similarity in the role attributed as
against all the accused persons under Section 376 (d) is
invoked on the ground of parity, the application is
considered.

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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 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-97 of 2016 registered with

Mahila 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;

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(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
without prior permission of this Court;

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.

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11. The application is allowed in the aforesaid terms. Rule

is made absolute to the aforesaid extent. Direct Service is

permitted.

(A.Y. KOGJE, J.)
Alok

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