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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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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