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Gujarat High Court

State Of Gujarat vs Druvnarayan Harishkumar Kamaliya on 3 May, 2021

Author: A.Y. Kogje

Bench: A.Y. Kogje

       R/CR.MA/4670/2021                                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 4670 of 2021

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                      STATE OF GUJARAT
                            Versus
              DRUVNARAYAN HARISHKUMAR KAMALIYA
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Appearance:
MR L B DABHI, APP (2) for the Applicant(s) No. 1
MR.NANDISH H THACKAR(7008) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                                  Date : 03/05/2021

                                   ORAL ORDER

1. This application is filed by the applicant­State for setting aside the order dated 04.12.2020 passed in Criminal Misc.Application No.935 of 2020 passed by the Principal Sessions Court, Chhota­Udepur.

2. By the aforesaid order, the respondent no.2 was ordered to be enlarged on bail in connection with FIR registered as CR­I/11184001201072 /2020 with Bodeli Police Station, Chhota­Udepur for the offence punishable under Sections 376(2)(f), 292(A), 323, 504, 506(2) and 114 of the Indian Penal Code and Sections66(E) and 67 of the Information Technology (Amendment) Act, 2008.

3. Learned APP submitted that the offence being serious nature especially the allegations regarding videography of the complainant/victim Page 1 of 4 Downloaded on : Fri Jan 14 23:55:30 IST 2022 R/CR.MA/4670/2021 ORDER in compromising position and using the same for blackmailing her and committed offence with the help of other co­accused persons. The Sessions Court ought not to have exercise the discretion in favour of the respondent.

4. Learned APP further submitted that the victim hardly aged 19 years is a college student, and therefore, granting bail, without imposing any necessary condition to protect the interest of the prosecution as well as interest of victim and her family members, the discretion ought not to have been exercised in favour of the respondent­accused. It is further submitted that prior to present offence, the applicant was also involved in yet another offence being FIR registered as CR­I/11184001201101/2020 with Bodeli Police Station, Chhota­Udepur for the offence punishable under Sections 323, 332, 353, 186, 504, 269 and 114 of the Indian Penal Code, Section 51(A) of the Disaster Management Act­ 2005 and Section 3 of Epidemic Decease Act­1897. Therefore also, the application deserves consideration.

5. It is further submitted that as the respondent­ accused was threating the victim to make her video viral and such conduct may also continue in case the applicant is not put in other conditions.

       R/CR.MA/4670/2021                                                   ORDER




6.   Learned       advocate           for          the     respondent­accused

submitted that even from the allegations, there was apparent affair between the respondent­ accused and the victim­prosecutrix and it was only on account of relation not being approved by the family members of the victim. It is submitted that FIR is lodged not only against the present respondent, but also against his father and mother. It is submitted, under the instructions, to overcome the apprehension expressed by the prosecution regarding influencing the witnesses more particularly, the victim, that the applicant will stay out of the area where the victim and her family members reside for a limited period so that interest of the prosecution is also taken care of.

7. Having considered the submissions of the learned advocates for the parties and having perused the order passed by the Sessions Court, this Court is of the opinion that the Court has assigned sufficient reasons and considered the manner and method in which the offence has taken place including the element of affair between the respondent­accused and the victim. However, considering the consent given by the respondent­ accused not to enter Tal:Bodeli where the victim resides, the Court is not inclined to interfere with the order of grant of bail.

R/CR.MA/4670/2021 ORDER

8. In view of the aforesaid, the present application stands dismissed. However, respondent­accused viz. Dhruvnarayan Harishkumar Kamaliya shall file an undertaking before the concerned Trial Court that the respondent­accused will not enter in the revenue limits of Tal:Bodeli till the evidence of prosecutrix is recorded.

(A.Y. KOGJE, J) GIRISH Page 4 of 4 Downloaded on : Fri Jan 14 23:55:30 IST 2022