R/CR.MA/18957/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 18957 of 2017
HEMAL BHARATGIRI GOSWAMI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR RUTURAJ NANAVATI, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 29/08/2017
ORAL ORDER
1. The present application is filed under Section
439 of the Code of Criminal Procedure, 1973, for regular
bail in connection with I-CR No.51 of 2016 registered
with Rajkot Mahila Police Station, for the offence under
Sections 376 of the Indian Penal Code and Section 6 of
the POCSO Act.
2. 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.
3. Learned APP appearing on behalf of the
respondent-State has opposed grant of regular bail
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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 the learned advocates appearing on
behalf of the respective parties and perused the papers.
Following aspects are considered:-
I. The applicant is aged 23 years and is
unmarried.
II. Considering nature of allegations and
evidence on record, the element of love
affair with the prosecutrix cannot be
ruled out.
III. The affidavit filed today by the
applicant, which is taken on record, to
the effect that the applicant is still
ready and willing to take responsibility
of the prosecutrix by marrying her as per
the rituals of the community. Therefore,
considering the peculiar facts of the
case, though the prosecutrix is aged less
than 15 years, the case deserves
consideration.
6. 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 [2012]1 SCC 40.
7. 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.
8. Hence, the present application is allowed. The
applicant is ordered to be released on regular bail in
connection with I-CR No.51 of 2016 registered with Rajkot
Mahila Police Station 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 prosecution;
[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
Court;
9. 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.
10. 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.
11. 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.
12. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(A.Y. KOGJE, J.)
SHITOLE
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