SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Dharmesh Girishbhai Sherasia vs State Of Gujarat on 13 October, 2017

R/CR.MA/24654/2017 ORDER



STATE OF GUJARAT….Respondent(s)

MR AR PATEL, ADVOCATE for the Applicant(s) No. 1
No. 1


Date : 13/10/2017

1. 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 as C.R.No.I-49/2017 with

Tankara Police Station, Morbi for the offence

punishable under Sections 376(2), H.I. and 506(2) of the

Indian Penal Code and under Sections 3(A) and 4 of the

POSCO Act, 2012.

2. Learned Advocate appearing on behalf of the applicant

submits that considering the nature of offence, the

applicant may be enlarged on regular bail by imposing

suitable conditions.

Page 1 of 5

HC-NIC Page 1 of 5 Created On Sat Oct 14 02:33:00 IST 2017
R/CR.MA/24654/2017 ORDER

3. 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.

4. Learned Advocates appearing on behalf of the respective

parties do not press for a further reasoned order.

5. I have heard the learned advocates appearing on behalf of

the respective parties and perused the papers. Following

aspects are considered :-

I) The investigation qua the applicant has concluded;

II) The age of the applicant is 19 years;

III) From the statement of the prosecutrix, it appears that

both the prosecutrix and the applicant were studying

together and;

IV) From the statement of the prosecutrix, the possibility of

a love affair cannot be ruled out;

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.

Page 2 of 5

HC-NIC Page 2 of 5 Created On Sat Oct 14 02:33:00 IST 2017
R/CR.MA/24654/2017 ORDER

6. 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.

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

ordered to be released on regular bail in connection with

C.R. No.I-49/2017 with Tankara Police Station, Morbi

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


(c) surrender passport, if any, to the lower Court within a


(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.;

Page 3 of 5

HC-NIC Page 3 of 5 Created On Sat Oct 14 02:33:00 IST 2017
R/CR.MA/24654/2017 ORDER

(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;

8. 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.

9. 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.

10. 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.

11. The application is allowed in the aforesaid terms.

Rule is made absolute to the aforesaid extent. Direct

Service is permitted.

Page 4 of 5

HC-NIC Page 4 of 5 Created On Sat Oct 14 02:33:00 IST 2017
R/CR.MA/24654/2017 ORDER

(A.Y. KOGJE, J.)

Page 5 of 5

HC-NIC Page 5 of 5 Created On Sat Oct 14 02:33:00 IST 2017

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation