RAVI BABUBHAI NADIA....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance:
MR HEMANT B RAVAL, ADVOCATE for the Applicant(s) No. 1 MR NJ SHAH, APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 13/03/2015 ORAL ORDER
1. RULE. The learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondentState.
2. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an FIR being C.R.No.I165 of 2014 registered with the Madhavpura Police Station, Ahmedabad, for the offence punishable under sections363, 366 and 376 of the IPC and Sections4 and 8 of the POCSO Act.
3. The 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.
4. The 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.
5. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard the learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicant and the role played by the applicant.
7. The investigation is over. The chargesheet is filed. The applicantaccused, aged 19 years had an affair with the victim aged 16 & half years. Primafacie, it appears that both were love in eachother. It also appears primafacie that the victim had accompanied the accused on her own free will and volition. I am conscious of the fact that the victim is a minor. However, taking into consideration the age of the accused as well as the nature of the relations, atleast, he can be released on bail subject to certain conditions.
8. In the facts and circumstances of the case and considering the nature of allegations made against 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. 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.I165 of 2014 registered with the Madhavpura Police Station, Ahmedabad, 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 learned 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;
alternate Monday of every English Calendar Month between 11:00 a.m. and 2:00 p.m. for six months only;
[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 Court;
[g] shall not enter into the revenue limits of District Ahmedabad till the completion of the trial except for marking presence at the concerned police station.
[h] shall not try to meet or contact the victim girl in any manner.
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 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.
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. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.B.PARDIWALA, J.) Page 3 of 4 R/CR.MA/5246/2015 ORDER aruna Page 4 of 4