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Pankajbhai Balubhai Vaghela vs State Of Gujarat on 18 September, 2017

R/CR.MA/23052/2017 ORDER



STATE OF GUJARAT….Respondent(s)

MR.MRUDUL M BAROT, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1


Date : 18/09/2017


Leave to produce the report adding Sections.

2. RULE. Learned APP Mr.H.K.Patel waives service

of Rule on behalf of the respondent State.

3. The present application is filed under Section

439 of the Code of Criminal Procedure, 1973, for regular

bail in connection with I-CR No.31 of 2014 registered

with Khambha Police Station, Amreli for offence under

Sections 363, 366 and 376 of the Indian Penal Code and

Sections 4 and 18 of the POCSO Act.

4. Learned Advocate appearing on behalf of the

applicant submits that considering the nature of the

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R/CR.MA/23052/2017 ORDER

offence, the applicant may be enlarged on regular bail by

imposing suitable conditions.

5. Learned APP appearing on behalf of the

respondent-State has opposed grant of regular bail

looking to the nature and gravity of the offence.

6. Learned Advocates appearing on behalf of the

respective parties do not press for further reasoned


7. I have heard the learned advocates appearing on

behalf of the respective parties and perused the papers.

Following aspects are considered:-

I. The applicant and the prosecutrix have
already married. The marriage certificate
dated 24.08.2015 is on record.

II. Out of marriage, a child is born, whose
birth certificate is also produced on

III. The affidavit of the prosecutrix, who is
now wife of the applicant, with regard to
not prosecuting the complaint any further.

8. 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.

9. In the facts and circumstances of the case and

considering the nature of the allegations made against

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R/CR.MA/23052/2017 ORDER

the applicant in the FIR, 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.

10. Hence, the present application is allowed. The

applicant is ordered to be released on regular bail in

connection with I-CR No.31 of 2014 registered with

Khambha Police Station, Amreli 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

11. The authorities will release the applicant only

if he is not required in connection with any other

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R/CR.MA/23052/2017 ORDER

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.

12. 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.

13. 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.

14. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(A.Y. KOGJE, J.)

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