Kalubhai Bhupatbhai Sankhat vs State Of Gujarat

1. Leave to amend Paragraph­2 of the application is granted. Learned advocate for the applicant shall carry out the amendment, forthwith.

2. Rule. Learned APP Mr.L.B. Dabhi 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 FIR being C.R. No.I­37 of 2019 registered with Pipavav Marine Police Station. District Amreli, for offence under Sections 363, 366 and 376 of the Indian Penal Code and Sections 4, 8 and 18 of the Protection of Children from Sexual Offences Act.

4. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the 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.

7. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. This Court has considered following aspects:

(a) the applicant is aged about twenty­one years.

He is in Jail since 20.11.2019;

(b) investigation is almost concluded qua the applicant;

(c) the age of the prosecutrix is seventeen years and six months;

(d) it is submitted by the learned advocate for the applicant that the prosecutrix left her house voluntarily and stayed with the applicant for couple of days;

(d) looking to the facts and circumstances of the present case, I am inclined to consider the case of the applicant.

9. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

10. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I­37 of Page 2 of 4 Downloaded on : Tue Jan 07 23:42:18 IST 2020 R/CR.MA/5/2020 ORDER 2019 registered with Pipavav Marine Police Station. District 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 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 India without prior permission of the concerned trial court; [e] mark presence before the concerned Police Station between 1st to 10th day 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 the concerned trial court;

11. 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 lower Court having jurisdiction to try the case. It will be open for Page 3 of 4 Downloaded on : Tue Jan 07 23:42:18 IST 2020 R/CR.MA/5/2020 ORDER the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

12. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

13. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 4 of 4 Downloaded on : Tue Jan 07 23:42:18 IST 2020