1. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.I-57 of 2014 registered with Vijapur Police Station, Mehsana for the offences punishable under Sections 363, 366, 376 and 114 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.
2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.
3. Learned advocate for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the alleged offence. It is further submitted that the victim girl went with the applicant willingly as they were known to each other and having relationship for considerable Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed May 04 02:19:44 IST 2016 R/CR.MA/9859/2016 ORDER long period and resided together. It is further submitted that investigation is over and charge-sheet is submitted and, therefore, now there is no possibility to tamper with the evidence or investigation and there is no criminal antecedents against the applicant. Lastly it is submitted that the matter is amicably settled between the applicant and the complainant and the complainant has no objection if the applicant is released on bail. Moreover, the applicant is ready and willing to abide by all the conditions which may be imposed by this Court and, therefore, he 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 police papers, there is a prima facie case against the present applicant for committing the alleged offence and, therefore, looking to the nature and gravity of the offence, this application may be dismissed.
5. Regard being had to the above submissions and considering the nature of accusation made against the applicant in the First Information Report and other charge- sheet papers and also considering the fact that the investigation is over and charge-sheet is submitted and, therefore, now there is no possibility to tamper with the evidence. Moreover, it appears that the matter is amicably settled between the applicant and the complainant. It also appears that the applicant is not having any criminal antecedents, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
6. In the facts and circumstances of the case, 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.I-57 of 2014 registered with Vijapur Police Station, Mehsana, on his 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 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 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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed May 04 02:19:44 IST 2016 R/CR.MA/9859/2016 ORDER 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 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.P.BHATT, J.) Ashish Tripathi Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed May 04 02:19:44 IST 2016