R/CR.MA/18145/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
18145 of 2017
ASHOK @ PAPPU RAJENDRASINH RAJPUT….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MS. MAYURI P CHAUHAN, ADVOCATE for the Applicant(s) No. 1
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 2
MS JK HINGORANI, ADVOCATE for the Respondent(s) No. 2
MR HK PATEL, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 24/11/2017
ORAL ORDER
1. This successive application is filed by the applicant under Section 439
of the Code of Criminal Procedure (for short, ‘the Code’) for regular
bail in connection with FIR registered at C.R. No. I-74 of 2015 with
Gomtipur Police Station, District: Ahmedabad, for the offences
punishable under Sections 363, 366 and 376 of the Indian Penal Code,
1860 (for short, ‘the IPC’) and Sections 3 and 4 of the POCSO Act, etc.
2. Heard Ms. Chauhan, the learned advocate for the applicant, Ms.
Hingorani, the learned advocate for the respondent No. 2 – the original
complainant and Mr. Patel, the learned Additional Public Prosecutor
for the respondent No. 1 – State.
2.1 Ms. Chauhan, the learned advocate for the applicant submits that trial
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is in progress and the statement of the prosecutrix has been recorded
and now, only some witnesses have remained to be examined. She
further submits that the prosecutrix has not supported the case of the
prosecution. The learned advocate for the applicant further submits
that pending the trial, the applicant – accused and the complainant side
have arrived at settlement and the complainant side has no objection if
the applicant is released on bail. To substantiate the said fact, the
learned advocate for the applicants produces the copy of settlement
agreement, which is taken on record. Accordingly, she requested to
enlarge the present applicant on regular bail by imposing suitable
conditions.
2.2 The learned advocate for the original complainant has fairly conceded
the aforesaid facts.
3. The learned Additional Public Prosecutor opposes the grant of bail
looking to the nature and gravity of offences, however, she submits
that in the aforesaid facts and circumstances of the case, appropriate
order, that may be deemed just and proper by the Court, may be
passed.
4. Learned advocates appearing on behalf of the respective parties do not
press for further reasoned order.
5. I have heard learned advocates appearing for the parties and perused
the papers on record.
6. Regard being had to the above submissions, in the facts and
circumstances of the case and considering the nature and gravity of
accusation made against the applicant in the First Information Report
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and other papers placed on record, this Court is of the opinion that
discretion is required to be exercised in favour of the applicant for
grant of bail. Moreover, the applicant assures that he will abide by the
terms and conditions that may be imposed by the Court and shall not
commit any breach. Hence, the application is allowed and the
applicant is ordered to be released on regular bail in connection with
the aforesaid FIR 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 injuries to the interest of the prosecution and
shall cooperate in trial;
[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 every
Monday of each English calendar month for a period of three
months and thereafter, alternate Monday for a period of six
months, between 11:00 a.m. and 2:00 p.m.;
[f] furnish latest and permanent 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 and shall also remain
present as and when required by the Court.
7. 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
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will be free to issue warrant or take appropriate action in the matter.
Bail bond is 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. 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.
8. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
[ P. P. Bhatt, J. ]
hiren
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