R/CR.MA/18697/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18697 of 2018
RIYAZBHAI RAJUBHAI RAJBALI JIVANI
Versus
STATE OF GUJARAT
Appearance:
MR.MRUDUL M BAROT(3750) for the PETITIONER(s) No. 1
MR NIYANT R BHIMANI(8000) for the RESPONDENT(s) No. 1
MS MOXA THAKKAR, ADDL. PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 15/10/2018
ORAL ORDER
1. On 05.10.2018, following order was passed.
“Mr. Niayant Bhimani, learned advocate states that he
has instruction to appear on behalf of original complainant. He
is permitted to file his appearance as well as affidavitinreply,
if any. He states that the complainant, who is mother of the
prosecutrix, is present before this Court along with the
prosecutrix.
He has identified the complainant as well as the
prosecutrix. It is the case of the applicant – accused that he is
ready and willing to marry with the prosecutrix as and when
she attains the age of majority. The mother of the prosecutrix
has also agreed that as and when her daughter attains age of
majority, she will get her daughter married with the applicant,
if her daughter wish and she will not object for her marriage
with the applicant.
Rule returnable on 15.10.2018. Learned Public
Prosecutor waives service of notice of rule on behalf of
respondent – State.
On the next date of hearing, the presence of the
complainant as well as the prosecutrix is dispensed with.”
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R/CR.MA/18697/2018 ORDER
2. Today, I have heard learned Additional Public Prosecutor and gone
through the matter.
3. This application is filed under Section 439 of the Code of Criminal
Procedure for regular bail in connection with an offence being C.R. No.I
85 of 2018 registered with Vartej Police Station, Bhavnagar for the
offences punishable under Sections 363, 366 and 376 of the Indian
Penal Code, 1860 and sections 4 and 18 of the Protection of Children
from Sexual Offences Act, 2012.
4. 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.
5. Learned Additional Public Prosecutor appearing on behalf of the
respondentState 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 order.
7. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers of investigation and
considered the allegations levelled against the applicant and the role
played by the applicant.
8. In the facts and circumstances of the case and considering the
nature of allegations made against the applicant in the FIR and
considering the fact that investigation is almost over and considering the
fact that the applicant has shown his willingness to marry with the
prosecutrix after she attains the age of majority, without going into
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R/CR.MA/18697/2018 ORDER
detail at this stage, 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. Hence, the present application is allowed and the applicant is
ordered to be released on regular bail in connection with an offence
being C.R. No.I85 of 2018 registered with Vartej Police Station,
Bhavnagar, on executing a personal bond of Rs.10,000/ (Rupees Ten
Thousand Only) with one local surety of the like amount to the
satisfaction of the learned Trial Court and subject to the 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 any
day of 1st week of each English Calendar Month till the trial
is over;
[f] furnish latest 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;
[g] file an undertaking to the effect that he shall marry the
prosecutrix when she attains the age of maturity before the
learned Trial Court within a period of one week from today;
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
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R/CR.MA/18697/2018 ORDER
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. Rule is made absolute to the
aforesaid extent.
Direct service is permitted.
(A.J. DESAI, J.)
Ajay**
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