Ajitsinh Mahendrasinh Vaghela vs State Of Gujarat on 5 December, 2017

R/CR.MA/29384/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 29384 of 2017

AJITSINH MAHENDRASINH VAGHELA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR LAXMANSINH M ZALA, ADVOCATE for the Applicant(s) No. 1
PARIMALSINH J VAGHELA, ADVOCATE for the Applicant(s) No. 1
SWETA A DAVE, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 05/12/2017

ORAL ORDER

1. Heard learned advocate for the applicant and learned
APP for the respondent State.

2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
being C.R.No.I-42 of 2016 registered with Surendranagar City
‘B’ Division police station, Surendranagar for the offences
punishable under Sections 376, 363 and 366 of the IPC and u/s
3(A) and 4 of the POCSO Act.

3. Learned advocate for the applicant has submitted that
the applicant and the prosecutrix were in love with each other
and the prosecutrix accompanied the applicant of her own and
thereby, abandoned the guardianship of her parents
voluntarily.

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4. Learned APP, while opposing the application, has

submitted that at the relevant time, the prosecutrix was aged
17 years. She being the minor, the question of consent does
not arise and therefore, the offence u/s 376 read with POCSO
Act has been committed and therefore, the applicant may not
be enlarged on bail.

5. Heard learned advocates appearing for the respective
parties in great detail and perused the records.

6. This is an unusual case of boy and girl having affair. As
the prosecutrix was minor, the applicant is sent behind prison
because of the complaint lodged by the father of the
prosecutrix. Undoubtedly, a minor girl is to be protected under
law as there are number of instances of sexual abuses of minor
girls and therefore, there is a special legislation of POCSO in
the year 2012 and amendment in sections 375 and 376 of the
IPC in 2014. The judiciary takes a very serious note of sexual
offences against women and specially against minor girls.
Upon reading of the statement of the prosecutrix, they both
eloped. Further, the trial Court rejected bail application mainly
on the ground that the girl is minor and her consent is
immaterial.

7. In the present case, the prosecutrix is 17 years old and
the accused is 25 years old. It appears from the record and
the statement of the prosecutrix that the prosecutrix was in
love with the applicant and left the home of her own and
moved with the applicant at various places. These are the

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mitigating factors and therefore, present application deserves
consideration.

8. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with C.R.No.I-42 of
2016 registered with Surendranagar City ‘B’ Division police
station, Surendranagar on executing a 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 the applicant 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] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer
concerned, as and when required for
investigation purpose and attend the Court
concerned regularly.

[e] furnish the present address of residence along
with the proof to the I.O. concerned and also
to the Court at the time of execution of the
bond and shall not change the residence
without prior permission of Sessions Court
concerned;

9. The competent authority will release the applicant only if
the applicant 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 take appropriate action in the matter. 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

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and/or relax any of the above conditions in accordance with
law. 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.

10. Rule made absolute to the aforesaid extent. Direct
service is permitted.

(S.H.VORA, J.)
Hitesh

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