Rakesh @ Raj @ Lalo Chaturbhai Bakotara ... vs State Of Gujarat on 16 February, 2016

[Cites 6, Cited by 1]

Gujarat High Court

Rakesh @ Raj @ Lalo Chaturbhai Bakotara ... vs State Of Gujarat on 16 February, 2016

Bench: A.J.Desai

                  R/CR.MA/25084/2015                                                  ORDER



                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 25084 of 2015

         ==========================================================
          RAKESH @ RAJ @ LALO CHATURBHAI BAKOTARA (AHIR)....Applicant(s)
                                   Versus
                       STATE OF GUJARAT....Respondent(s)
         ==========================================================
         Appearance:
         MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
         MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                          Date : 16/02/2016


                                            ORAL ORDER

1. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I 118 of 2015 with Gandhidham 'A' Division Police Station for the offences punishable under Sections 363, 366, 376 and 114 of the IPC and under Section 6 of the Protection of Children from Sexual Offences Act, 2012.

2. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

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




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                 R/CR.MA/25084/2015                                                  ORDER

5. I have heard learned advocates appearing for the parties. Perused the papers of investigation as well as perused the statement of the prosecutrix, who was 17 years and 2 months at the time of alleged incident. It appears from her statement that at her instance, the applicant agreed to elope with the prosecutrix. She had travelled with the applicant at various placed including Mumbail and remaining in company with the applicant for about 3 days and she has also stated that with her consent, she entered into physical relationship with the applicant. I have also gone through the call details. The prosecutrix is more than 17 years at the time of offences and also considering the nature of allegations made in the FIR, 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 118 of 2015 with Gandhidham 'A' Division Police Station on executing a 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 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 for a period of six months and thereafter on any day of first week of each English Calender Month till the trial is over;



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                       R/CR.MA/25084/2015                                                  ORDER




                    [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;

6. 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.

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

(A.J.DESAI, J.) *Kazi...

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