Gujarat High Court
Manishbhai Sureshbhai Dho Patel vs State Of Gujarat on 10 March, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/5894/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.5894 of
2016
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MANISHBHAI SURESHBHAI DHO PATEL....Applicant
Versus
STATE OF GUJARAT....Respondent
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Appearance :
MR Y J PATEL, ADVOCATE for the Applicant.
MS JIRGA JHAVERI, APP for the Respondent.
MR PAVAN BAROT, ADVOCATE for the Complainant.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 10/03/2016
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent - State and Mr. Pavan Barot, learned advocate waives service of rule on behalf of original complainant.
2. Learned advocate Mr. Pavan Barot states that he has an instructions to appear for the original complainant and will file his appearance on or before 11.3.2016. He is directed to do so. He has further submitted that the prosecutrix is present before the Court and he has identified the prosecutrix. He has also produced on record xerox copy of birth certificate of the prosecutrix. From the said certificate, it appears that the date of birth of the prosecutrix is 18.12.1996 and hence, she has attained the age of majority. He has further submitted that the prosecutrix has no objection if the applicant is released on regular bail as the applicant intends to marry the prosecutrix.
3. This successive bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Mar 12 01:41:13 IST 2016 R/CR.MA/5894/2016 ORDER with F.I.R. registered at C.R. No.I - 166 of 2014 with Valsad City Police Station, District Valsad, for the offences punishable under Sections 363, 366, 376 and 114 of Indian Penal Code and Sections 3, 4 and 17 of the Prevention of Children from Sexual Offences Act, 2012.
4. Learned advocate for the applicant submits that the applicant is also ready and willing to marry the prosecutrix if he is released on regular bail. He has, therefore, submitted that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
5. Mr. Pavan Barot, learned advocate appearing for the complainant has placed on record affidavit of the prosecutrix which reads as under :-
"I state that I am the victim of present complaint F.I.R. Bearing C.R. No. I - 166 of 2014 filed at Valsad City Police Station, Valsad. I state that in the aforesaid complaint filed by my father wherein I am victim. I have no objection if the present applicant release on Regular bail in connection with F.I.R. Bearing C.R. No. I - 166 of 2014 filed at Valsad City Police Station, Valsad pursuant to that charge- sheet is filed being charge sheet no. I-115 of 2014 before the Learned Chief Judicial Magistrate, Chief Court, Valsad against the present Applicant and other accused persons. I state that present applicant is belonging to our community and applicant is also ready to married with me and I am also ready to married with present applicant but applicant is Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Mar 12 01:41:13 IST 2016 R/CR.MA/5894/2016 ORDER in jail and therefore, I would not able to married with the applicant. I state that the settlement is arrived in the best interest of our future and I further say that settlement arrived because certain elderly persons of our community intervened, an amicable settle the dispute and therefore, if this Hon'ble Court release the applicant on regular bail I have no objection.
I am filing the present affidavit without any force, coercion, undue influence or threat from any person."
6. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
7. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
8. I have heard learned advocates appearing for the parties.
Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR and considering the fact that matter is settled between the applicant and the prosecutrix and affidavit to that effect is also filed by the prosecutrix, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No.I - 166 of 2014 with Valsad City Police Station, District Valsad, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
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R/CR.MA/5894/2016 ORDER
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries 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 at the concerned Police Station on every
Monday of each English Calendar month for a period of three months and thereafter any day of the first week 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 I.O. 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;
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 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, 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.
10. Rule made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) Savariya Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Mar 12 01:41:13 IST 2016