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Hemal Bharatgiri Goswami vs State Of Gujarat on 29 August, 2017

R/CR.MA/18957/2017 ORDER



STATE OF GUJARAT….Respondent(s)

MR RUTURAJ NANAVATI, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1


Date : 29/08/2017


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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R/CR.MA/18957/2017 ORDER

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


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

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

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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R/CR.MA/18957/2017 ORDER

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

[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

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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R/CR.MA/18957/2017 ORDER

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.)

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