Gujarat High Court
Bharatbhai Ranabhai Solanki vs State Of Gujarat on 1 August, 2017
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/18948/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 18948 of 2017
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BHARATBHAI RANABHAI SOLANKI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR AMIT N CHAUDHARY, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 01/08/2017
ORAL ORDER
1. RULE. Mr. H.K. Patel, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
2. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.No.I-17/2017 with Chalala Police Station, Amreli for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and under Sections 4, 8 and 18 of the POSCO Act, 2012.
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3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
5. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-
I) The investigation is almost complete; II) The allegations in the First Information Report indicate a love affair with the applicant, who is unmarried; III) The Division Bench of this Court in the Habeas Corpus proceedings has recorded the version of the prosecutrix in Paragraph 6 of the order dated 14.07.2017 in Special Page 2 of 5 HC-NIC Page 2 of 5 Created On Wed Aug 02 03:20:53 IST 2017 R/CR.MA/18948/2017 ORDER Criminal Application No.4204/2017 and; IV) The applicant has undertaken to abide by the requirements as specified in Paragraphs 7 and 8 of the aforementioned order.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-17/2017 with Chalala Police Station, Amreli 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;
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(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;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) Not to enter the limits of Gir Gadhadha till the filing of the chargesheet;
(g) furnish the present address of his 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;
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.
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10. 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.
11. 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.
12. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct Service is permitted.
Sd/-
(A.Y. KOGJE, J.) Caroline Page 5 of 5 HC-NIC Page 5 of 5 Created On Wed Aug 02 03:20:53 IST 2017