R/CR.A/1030/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL APPEAL NO. 1030 of 2018

SANJAY GUNVANTBHAI JOSHI
Versus
STATE OF GUJARAT

Appearance:
MR SAVAN N PANDYA(5600) for the PETITIONER(s) No. 1
DS AFF.NOT FILED (N)(11) for the RESPONDENT(s) No. 2
MR. H.K.PATEL, APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 24/08/2018
ORAL ORDER

1. 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-33 of 2018 with Chiloda
Police Station for the offence punishable under
Sections 376, 506(2) and 114 of the Indian Penal
Code and under Sections 4 and 6 of POCSO Act and
under Section 3(1)(5) and 3(1)(w)(1)(2) of
Atrocity Act.

2. 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.

3. 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.

Page 1 of 4
R/CR.A/1030/2018 ORDER

4. Learned Advocates appearing on behalf of the

respective parties do not press for a further
reasoned order.

5. I have heard the learned advocates appearing on
behalf of the respective parties and perused the
papers. Following aspects are considered :-

I) Investigation is concluded and the
chargesheet is filed.

II) Considering the version of prosecutrix as
well as the family members while the statement
were recorded on 17.04.2018;

III) version of prosecutrix is that she was got
engaged by her family with another person viz.
Sanjay Damor with whom she had physical
relationship.

IV) It is submitted on behalf of the learned
APP, under the instructions of investigating
officer, who is present in the Court that father
of the prosecutrix is informed about the date of
hearing.

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.

6. In the facts and circumstances of the case and
considering the nature of the allegations made
against the applicant in the First Information

Page 2 of 4
R/CR.A/1030/2018 ORDER

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.

7. Hence, the present application is allowed. The
applicant is ordered to be released on regular
bail in connection with C.R. No.I-33 of 2018
registered with Chiloda Police Station 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;

(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;

Page 3 of 4

R/CR.A/1030/2018 ORDER

(g) not enter the revenue limits of District
Gandhinagar, except for marking presence in
the concerned Police Station and also for
attending the Court proceeding till the
deposition of the prosecutrix is recorded;

8. 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.

9. 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.

10. 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.

The application is allowed in the aforesaid
terms. Rule is made absolute to the aforesaid
extent. Direct Service is permitted.

(A.Y. KOGJE, J)
JIGNESH

Page 4 of 4