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Rathwa Umeshbhai @ Anilbhai … vs The State Of Gujarat on 24 August, 2018

R/CR.MA/12685/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 12685 of 2018

RATHWA UMESHBHAI @ ANILBHAI MANSUKHBHAI
Versus
THE STATE OF GUJARAT

Appearance:
JAYDEEP H SINDHI(9585) for the PETITIONER(s) No. 1
MR J K SHAH, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE P.P.BHATT

Date : 24/08/2018
ORAL ORDER

1. The present successive application is filed under
Section 439 of the Code of Criminal Procedure by the
applicant for regular bail in connection with First
Information Report registered as M.Case No.01/2018
with Chhotaudepur Police Station, District
Chhotaudepur for the offences punishable under
Sections 376, 114, 504 and 506(2) of the Indian Penal
Code and Sections 4 and 6 of the POCSO Act, 2012.

2. Heard learned advocate for the applicant and
learned Additional Public Prosecutor for the
respondent-State.

3. Learned advocate for the applicant submits that
the present is a successive bail application after
filing of the charge-sheet. Learned advocate for the
applicant submits that investigation is over and
charge-sheet is submitted, and therefore, now there
is no possibility of tampering with the evidence. It

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R/CR.MA/12685/2018 ORDER

is submitted that the applicant is an innocent
person, however, he has been falsely implicated in
the alleged offence. It is further submitted that
main accused namely Jangubhai Kamlabhai @ Khamla
Rathwa has been enlarged on regular bail by the Co-
ordinate Bench of this Court vide order dated
16.08.2018 passed in Criminal Misc. Application
No.13844 of 2018. It is submitted that one of the
reasons assigned, while enlarging the said co-accused
Jangubhai Kamlabhai @ Khamla Rathwa was the statement
of the prosecutrix dated 25.04.2018 exonerating the
said co-accused of Section 376 of the Indian Penal
Code. It is further submitted that the applicant is
having root in District Chhotaudepur and also having
responsibility towards his family, therefore, there
is no likelihood of his running away from the trial
and his presence can be secured at the time of trial
by imposing suitable conditions. It is lastly
submitted that the applicant is ready and willing to
abide by all the conditions that may be imposed by
this Court and, therefore, considering the nature of
allegation and gravity of the offence, the applicant
may be enlarged on regular bail.

4. Learned Additional Public Prosecutor appearing on
behalf of the respondent-State has opposed grant of
regular bail and submitted that from the charge-sheet
papers, there is a prima facie case against the
present applicant for committing the alleged offence
and therefore, the present application may be
rejected.

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R/CR.MA/12685/2018 ORDER

5. Regard being had to the above submissions, in the
facts and circumstances of the case, considering the
nature and gravity of accusation made against the
applicant in the First Information Report and other
charge-sheet papers as also considering the fact that
main accused namely Jangubhai Kamlabhai @ Khamla
Rathwa has been enlarged on regular bail by the Co-
ordinate Bench of this Court vide order dated
16.08.2018 passed in Criminal Misc. Application
No.13844 of 2018, this Court is of the view that
discretion is required to be exercised in favour of
the applicant for grant of regular bail, as the
charge-sheet is filed, therefore, now there is no
possibility of tampering with the evidence. 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.

6. Hence, the present application is allowed and the
applicant is ordered to be released on regular bail
in connection with the FIR registered as M. Case
No.01/2018 with Chhotaudepur Police Station, District
Chhotaudepur, 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

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R/CR.MA/12685/2018 ORDER

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, on alternate
Monday for a period of six months, between
11:00 a.m. and 2:00 p.m.;

[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.

7. 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

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R/CR.MA/12685/2018 ORDER

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.

8. This Court deems it just and proper to consider
the victim compensation angle. The State Government
has formulated Victim Compensation Scheme under
Section 357(A) of the Code so as to provide
compensation to the victim who has suffered loss or
injury on account of offence against body. The Victim
Compensation Scheme is introduced with a laudable
object of rehabilitation of the victim/her
dependents. Instant case is an offence against body.
Therefore, the Chairman, District Legal Services
Authority (DLSA), Chhotaudepur, is directed to take
necessary steps for providing appropriate
compensation to the victim under the Victim
Compensation Scheme. The action taken report be
placed before this Court within a period of one
month.

9. Rule is made absolute to the aforesaid extent.
Direct service is permitted.

10. Registry is directed to send a copy of this
order to the Chairman, District Legal Services
Authority (DLSA), Chhotaudepur, forthwith.

(P.P.BHATT, J)
BDSONGARA

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