Gujarat High Court
Rajendrakumar Ramchandra Verma vs State Of Gujarat on 22 December, 2020
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
R/CR.A/1253/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1253 of 2020
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RAJENDRAKUMAR RAMCHANDRA VERMA
Versus
STATE OF GUJARAT
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Appearance:
MR RAHUL R DHOLKIA, ADVOCATE for the Appellant
MS NISHA THAKORE, APP for the Respondent STATE
Respondent No.2 is served.
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CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY
Date : 22/12/2020
ORAL ORDER
1. This appeal is filed for regular bail in connection with C.R.No.11212008200126 of 2019 registered with Vadodara Railway Police Station, Dist : Vadodara City for the offences punishable under Sections 376(2)(n) and 506(2) of the Indian Penal Code and under Sections 3(1)(e), 3(2)(v) and 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
2. Though served, the respondent No.2 - complainant has chosen not to appear. It is reported that, she has already left the place.
3. Heard learned advocate for the applicant and the learned Additional Public Prosecutor through Video Conference.
4. Learned advocate for the applicant has submitted that, the applicant has not committed any offence. Without prejudice to this, it is further submitted that, considering the Page 1 of 3 Downloaded on : Wed Dec 23 00:51:13 IST 2020 R/CR.A/1253/2020 ORDER nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
5. Learned Additional Public Prosecutor for the State has opposed this application.
6. Having heard learned advocates for the respective parties and having considered the material on record and the role of the applicant in the offence in question, this Court finds that, this is the fit case to exercise the discretion to release the applicant on bail, in exercise of powers under Section 439 of the Code of Criminal Procedure, 1973, on certain conditions.
7. Learned advocates for the respective parties do not press for reasons, so that it may not prejudice any of the parties, at the time of trail, however it is noted that, while passing this order, this Court has kept in view the law laid down by the Supreme Court of India in the case of Sanjay Chandra versus Central Bureau of Investigation, reported in (2012) 1 SCC 40. The period of alleged offence, the date of filing of FIR, and the intervening incidents including the marriage of the complainant and the person with whom she has married and his vocation of life collectively go to show that the applicant need not be continued in custody.
8. In view of above, the following order is passed.
8.1 This appeal is allowed.
8.2 The appellant / applicant is ordered to be released on regular bail in connection with C.R.No.11212008200126 of Page 2 of 3 Downloaded on : Wed Dec 23 00:51:13 IST 2020 R/CR.A/1253/2020 ORDER 2019 registered with Vadodara Railway Police Station, Dist :
Vadodara City, on executing his 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 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.
8.3 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.
8.4 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.
8.5 At the trial, the trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
8.6 Appeal is allowed in above terms.
(PARESH UPADHYAY, J) SALIM/MHDave/Bhati/ 40 Page 3 of 3 Downloaded on : Wed Dec 23 00:51:13 IST 2020