Alpesh Meghjibhai Dabhi vs State Of Gujarat on 14 August, 2019

[Cites 7, Cited by 1]

Gujarat High Court

Alpesh Meghjibhai Dabhi vs State Of Gujarat on 14 August, 2019

Bench: Vipul M. Pancholi

      R/CR.MA/15646/2019                                             ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO.                   15646 of 2019

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                       ALPESH MEGHJIBHAI DABHI
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

                                Date : 14/08/2019

                                   ORAL ORDER

1. Rule. Learned APP waives service of Rule on behalf of the respondent State.

2. 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.I29 of 2019 registered with Khambhaliya Police Station, District Devbhumi Dwarka for offence under Sections 363, 366, 376 of IPC and Section 3(A) and 4 of the POCSO Act..

3. Learned advocate Mr.D.V.Kansara submits that he has received instructions to appear on behalf of original first informant. He is permitted to file his Vakalatnama in the Registry.

4. Learned Advocate appearing on behalf of the Page 1 of 5 Downloaded on : Wed Aug 14 22:57:37 IST 2019 R/CR.MA/15646/2019 ORDER 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 respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.

6. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

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 the following aspects:

(a) applicant is aged about 19 years and he is in jail since 16.04.2019.

(b) Investigation is concluded and charge sheet is filed.

(c) It is submitted by learned advocate for the applicant that now the dispute is amicably settled with the original Page 2 of 5 Downloaded on : Wed Aug 14 22:57:37 IST 2019 R/CR.MA/15646/2019 ORDER complainant. Therefore, complainant has filed an affidavit. The same is taken on record. It is submitted that if the applicant is enlarged on bail, complainant has no objection.

(d) Learned advocate for the complainant has identified the complainant who is personally present in the Court.

In view of the aforesaid settlement arrived at between the parties, without going into the further merits of the 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.I29 of 2019 registered with Khambhaliya Police Station, District Devbhumi Dwarka 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 Page 3 of 5 Downloaded on : Wed Aug 14 22:57:37 IST 2019 R/CR.MA/15646/2019 ORDER 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 India without prior permission of the Sessions Judge concerned;

[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 this 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 Page 4 of 5 Downloaded on : Wed Aug 14 22:57:37 IST 2019 R/CR.MA/15646/2019 ORDER for 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.

11. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(VIPUL M. PANCHOLI, J) Jani Page 5 of 5 Downloaded on : Wed Aug 14 22:57:37 IST 2019

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