Rajubhai Raghabhai Rathod … vs State Of Gujarat on 19 September, 2017

R/CR.MA/23169/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
23169 of 2017

RAJUBHAI RAGHABHAI RATHOD (BHARWAD)….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 : 19/09/2017

ORAL ORDER

1. RULE. Mr. H.K. Patel, learned Additional Public

Prosecutor waives service of rule on behalf of the

respondent-State.

2. 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-59/2013 with

Marine Pipavav Police Station, Amreli for the offence

punishable under Sections 363, 366, 376 of the Indian

Penal Code and under Section 4 of the Protection of

Children from Sexual Offences (POCSO) Act.

3. Learned advocate appearing on behalf of the applicant

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submits that considering the nature of offence, the

applicant may be enlarged on regular bail by imposing

suitable conditions.

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) The applicant and the prosecutrix have already married.

The marriage certificate of the Registrar of Marriage,

Amreli Nagar Palika dated 08.10.2015 of marriage dated

07.10.2015 is produced on record;

II) Out of the marriage, a child is born on 21.08.2016;

III) Considering the allegations in the FIR and the nature

of evidence on record, the elements of love affair cannot be

ruled out;

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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.

7. 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.

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

ordered to be released on regular bail in connection with

C.R. No.I-59/2013 registered with Marine Pipavav

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;

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(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 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;

9. 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.

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

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the observations of preliminary nature qua the evidence at

this stage made by this Court while enlarging the applicant

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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