R/CR.MA/10730/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 10730 of 2017
DHARMESHBHAI MANABHAI MAYAVANSHI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR ASUTOSH M DESAI, ADVOCATE for the Applicant(s) No. 1
MR KAMLESH S KOTAI, ADVOCATE for the Applicant(s) No. 1
MR RAKESH PATE, LD.ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 28/07/2017
ORAL ORDER
1. The present successive application is filed under
Section 439 of the Code of Criminal Procedure for regular bail
in connection with an offence being C.R.No.I- 53 of 2016
registered with Ranavav Police Station, District: Porbandar,
for the offences punishable under Sections 363, 366 and 376,
etc. of the Indian Penal Code and Sections 4, 6, 8, etc. of the
POSCO Act.
2. Learned advocate appearing on behalf of the
applicant submits that considering the nature of offence and
the role played by the applicant, the applicant may be
enlarged on regular bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on
behalf of the respondent-State has opposed grant of regular
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bail looking to the nature and gravity of the offence.
4. Learned advocates appearing on behalf of the
respective parties do not press for further reasoned order.
5. I have heard learned advocates appearing on
behalf of the respective parties and considered the role played
by the applicant. I have perused the papers of investigation.
On the next date of lodgement of the FIR, when the
prosecutrix was traced out, she has stated that no act of
sexual intercourse was made by the applicant. However, in
her second statement, which was recorded after four days of
lodgement of the FIR, she has alleged about the said act. I
have gone through the medical certificate, which does not
support the second statement of the prosecutrix.
6. In the facts and circumstances of the case and
considering the nature of allegations made against the
applicant in the FIR, I am of the of the opinion that this is a fit
case to exercise the discretion and enlarge the applicant on
regular bail. Hence, the present application is allowed and the
applicant is ordered to be released on regular bail in
connection with an offence being C.R.No.I- 53 of 2016
registered with Ranavav Police Station, District:
Porbandar, on executing a personal bond of Rs.10,000/-
(Rupees Ten thousands) with one surety of the like amount to
the satisfaction of the learned Trial Court and subject to the
conditions that he shall;
[a] not take undue advantage of his liberty or misuse
his liberty;
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[b] not act in a manner injuries to the interest of the
prosecution;
[c] surrender his 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] shall not enter into the local limits of Taluka:
Ranavav, District: Porbandar for a period of three
months;
[f] furnish latest 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;
[g] shall mark his presence on every Monday for a
period of three months to the nearest Police
Station, where he is going to reside for three
months;
[h] After entering into Taluka: Ranavav, he shall mark
his presence with the concerned Police Station on
any day of first week of every English Calendar
Month till trial is over;
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 will be free to issue
warrant or take appropriate action in the matter. Bail bond to
be executed before the learned 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
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conditions, in accordance with law. At the trial, learned 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. Rule is made
absolute to the aforesaid extent.
Direct service is permitted.
[A.J.DESAI,J.]
*dipti
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