R/CR.MA/23052/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 23052 of 2017
PANKAJBHAI BALUBHAI VAGHELA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR.MRUDUL M BAROT, 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 : 18/09/2017
ORAL ORDER
Leave to produce the report adding Sections.
2. RULE. Learned APP Mr.H.K.Patel waives service
of Rule on behalf of the respondent State.
3. The present application is filed under Section
439 of the Code of Criminal Procedure, 1973, for regular
bail in connection with I-CR No.31 of 2014 registered
with Khambha Police Station, Amreli for offence under
Sections 363, 366 and 376 of the Indian Penal Code and
Sections 4 and 18 of the POCSO Act.
4. Learned Advocate appearing on behalf of the
applicant submits that considering the nature of the
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offence, the applicant may be enlarged on regular bail by
imposing suitable conditions.
5. Learned APP appearing on behalf of the
respondent-State has opposed grant of regular bail
looking to the nature and gravity of the offence.
6. Learned Advocates appearing on behalf of the
respective parties do not press for further reasoned
order.
7. I have heard the learned advocates appearing on
behalf of the respective parties and perused the papers.
Following aspects are considered:-
I. The applicant and the prosecutrix have
already married. The marriage certificate
dated 24.08.2015 is on record.
II. Out of marriage, a child is born, whose
birth certificate is also produced on
record.
III. The affidavit of the prosecutrix, who is
now wife of the applicant, with regard to
not prosecuting the complaint any further.
8. This Court has also 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.
9. In the facts and circumstances of the case and
considering the nature of the allegations made against
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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.
10. Hence, the present application is allowed. The
applicant is ordered to be released on regular bail in
connection with I-CR No.31 of 2014 registered with
Khambha Police Station, Amreli 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;
11. The authorities will release the applicant only
if he is not required in connection with any other
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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.
12. 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.
13. 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.
14. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(A.Y. KOGJE, J.)
SHITOLE
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