R/CR.MA/30836/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 30836 of 2017
MITESH VASANTBHAI GADHIYA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR NIPUL H GONDALIA, ADVOCATE for the Applicant(s) No. 1
MS NISHA M THAKORE, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 19/01/2018
ORAL ORDER
1. RULE. Ms. Nisha M. Thakore, learned Additional Public
Prosecutor waives service of rule on behalf of the
respondent-State.
2. 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-9/2017 with
Junagadh ‘B’ Division Police Station, Junagadh for the
offences punishable under Sections 376, 323, 506(2) and
114 of the Indian Penal Code and under Sections 4, 11 and
12 of the POSCO Act, 2012.
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3. 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.
4. 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.
5. Learned Advocates appearing on behalf of the respective
parties do not press for a further reasoned order.
6. I have heard the learned Advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered :-
I) The investigation has concluded and the chargesheet is
filed;
II) The applicant who is aged 21 years is in custody since
February 2017;
III) Considering the affidavit filed before this Court by the
mother and father of the prosecutrix and;
IV) Considering the totality of facts, the element of love
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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.
7. 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.
8. Hence, the present application is allowed. The applicant is
ordered to be released on regular bail in connection with
C.R. No.I-9/2017 with Junagadh ‘B’ Division Police
Station, Junagadh 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;
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(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 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) Not to enter the limits of District Junagadh for a
period of one year, except for marking presence or
attending the trial.
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 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
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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. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
Service is permitted.
Sd/-
(A.Y. KOGJE, J.)
Caroline
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