Mukeshbhai Badhabhai Makwana & vs State Of Gujarat on 19 September, 2017

R/CR.MA/22166/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
22166 of 2017

MUKESHBHAI BADHABHAI MAKWANA 1….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR DIPEN K DAVE, ADVOCATE for the Applicant(s) No. 1 – 2
MS MAITHILI D MEHTA, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 19/09/2017
ORAL ORDER

1. Learned advocate Mr. Yash Joshi is permitted to file

appearance on behalf of mother and sister of the

prosecutrix..

2. This application is filed by the applicants under Section

439 of the Code of Criminal Procedure, 1973 for regular

bail in connection with FIR registered at C.R. No.I-

23/2017 with Jam Kandorna Police Station, Rajkot for

the offence punishable under Sections 376(2)(F),(I) of the

Indian Penal Code and under Sections 4, 6 and 10 of the

Prevention of Children from Sexual Offences (POCSO) Act.

3. Learned advocate appearing on behalf of the applicants

submits that considering the nature of offence, the

applicants may be enlarged on regular bail by imposing

suitable conditions.

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4. 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.

5. Learned Advocates appearing on behalf of the respective

parties do not press for a further reasoned order.

6. 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 applicants are closely related to the prosecutrix;

III) Learned advocate Mr. Yash Joshi on behalf of the

complainant tenders affidavits filed by Savitaben Natubhai

Dabhi, mother of the prosecutrix and Bhavana Ajaybhai

Solanki, sister of the prosecutrix, which are taken on

record, for the compromise within the family;

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.

7. In the facts and circumstances of the case and considering

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the nature of the allegations made against the applicants 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 applicants on regular bail.

8. Hence, the present application is allowed. The applicants

are ordered to be released on regular bail in connection

with C.R. No.I-23/2017 registered with Jam Kandorna

Police Station, Rajkot on executing a personal bond of

Rs.10,000/ (Rupees Ten Thousand Only) EACH with one

surety of the like amount to the satisfaction of the trial

Court and subject to the conditions that they 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 their residence to the

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R/CR.MA/22166/2017 ORDER

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 applicants only if they are

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

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

applicants on bail.

12. The application is allowed in the aforesaid terms.

Rule is made absolute to the aforesaid extent. Direct

Service is permitted.

(A.Y. KOGJE, J.)

Dolly

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