R/CR.MA/6315/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 6315 of 2017

IMRANBHAI SIKANDARBHAI MALEK BENDWALA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MS GAYATRIBA B JADEJA, ADVOCATE for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE P.P.BHATT

Date : 07/07/2017

ORAL ORDER

1. This is a successive bail application preferred by the applicant

seeking bail in connection with First Information Report being C.R.No.I-

11/2016 registered with Jambusar Police Station for the offences

punishable under Sections 376, 452 and 506(2) of the Indian Penal Code.

2. Heard learned counsel for the applicant and learned Additional

Public Prosecutor for the respondent-State.

3. Learned advocate for the applicant submitted that the applicant is

an innocent person, however, he has been falsely implicated in the

alleged offences. It is further submitted that the investigation is over and

chargesheet is filed, and therefore, now there is no possibility of

tampering with the evidence. Moreover, the trial has also commenced

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and crucial witnesses and prosecutrix have already been examined by the

learned Court-below, but the said witnesses have turned hostile and have

not supported the prosecution case. In this context, learned advocate for

the applicant has referred Page-55 deposition given by PW:3-

complainant. It is further submitted that applicant is ready and willing to

abide by the terms and conditions that may be imposed by this Court. It is

further submitted that the applicant is resident of Bharuch District and is

also having responsibility to look after his family, and therefore, he is not

likely to run away or abscond and his presence can be secured at the time

of trial by imposing appropriate condition as may be deemed, fit and

proper by this Court. Therefore, considering the nature and gravity of

accusation made against the applicant and the role attributed to the

applicant, he may be enlarged on regular bail by imposing suitable

conditions.

4. Learned Additional Public Prosecutor appearing on behalf of the

respondent-State has opposed the application for grant of regular bail

looking to the nature and gravity of the offence. He has further submitted

that from the other chargesheet papers as well as FIR, there is a prima

facie case against the present applicant for committing the alleged

offences. Therefore, the present application may be rejected.

5. Regard being had to the above submissions, in the facts and

circumstances of the case and considering the nature and gravity of

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accusation made against the applicant in the First Information Report and

other chargesheet papers as also considering the fact that prosecutrix has

turned hostile and not supported the prosecution case, this Court is of the

opinion that discretion is required to be exercised in favour of the

applicant for grant of bail as now there is no possibility of tampering with

the evidence as chargesheet is filed. Moreover, the applicant assures that

he will abide by the terms and conditions that may be imposed by the

Court and shall not commit any breach. Hence, the present application is

allowed and the applicant is ordered to be released on regular bail in

connection with the FIR being C.R.No.I-11/2016 registered with

Jambusar Police Station on his executing a personal bond of

Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like

amount to the satisfaction of the learned Trial Court, and subject to the

following conditions, that the applicant 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 every
Monday of each English calendar month for a period of
three months and thereafter, alternate Monday for a period
of six months, between 11:00 a.m. and 2:00 p.m.;

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[f] furnish latest and permanent 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;

6. 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 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.

7. Rule is made absolute to the aforesaid extent. Direct service is

permitted.

(P.P.BHATT, J.)
rakesh

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