IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 18168 of 2017
BIPIN KANTIBHAI MAKWANA….Applicant(s)
STATE OF GUJARAT….Respondent(s)
MR AMIT N CHAUDHARY, ADVOCATE for the Applicant(s) No. 1
MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 20/07/2017
1. RULE. Learned PP Mr.Mitesh Amin waives service
of Rule on behalf of the respondent State.
2. The present application is filed under Section
439 of the Code of Criminal Procedure, 1973, for regular
bail in connection with I-CR No.15 of 2017 registered
with Talala Police Station, Gir Somnath for offence under
Sections 363, 366 and 376 of the Indian Penal Code and
Sections 3, 4, 5(L), 6, 12 and 18 of the POCSO Act.
3. Learned Advocate appearing on behalf of the
applicant submits that considering the nature of the
offence, the applicant may be enlarged on regular bail by
imposing suitable conditions.
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4. Learned APP appearing on behalf of 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 further reasoned
6. I have heard the learned advocates appearing on
behalf of the respective parties and perused the papers.
Following aspects are considered:-
I. The investigation is concluded and charge
sheet is filed.
II. The applicant is aged 21 years.
III. Engagement between the applicant and the
prosecutrix had taken place. Thereafter,
on account of objection of the family of
the prosecutrix, engagement was not
proceeded further. However, FIR reveals
that at wish and will of the prosecutrix
herself, she is staying with the family of
the applicant as their daughter-in-law.
7. This Court has also 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 1 SCC 40.
8. In the facts and circumstances of the case and
considering the nature of the allegations made against
the applicant in the FIR, without discussing the evidence
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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.
9. Hence, the present application is allowed. The
applicant is ordered to be released on regular bail in
connection with I-CR No.15 of 2017 registered with Talala
Police Station, Gir Somnath 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
[b] not act in a manner injurious to the interest of
[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 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
10. 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
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conditions is committed, the Sessions Judge concerned
will be free to issue warrant or take appropriate action
in the matter.
11. 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.
12. 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.
13. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(A.Y. KOGJE, J.)
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