Vishal Ashokkumar Kori Through ... vs State Of Gujarat on 26 March, 2021

[Cites 7, Cited by 17]

Gujarat High Court

Vishal Ashokkumar Kori Through ... vs State Of Gujarat on 26 March, 2021

Bench: S.H.Vora

        R/CR.RA/203/2021                                          ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL REVISION APPLICATION NO. 203 of 2021

==========================================================
 VISHAL ASHOKKUMAR KORI THROUGH ASHOKKUMAR RAMNARESH
                          KORI
                          Versus
                   STATE OF GUJARAT
==========================================================
Appearance:
DINESHKUMAR D GAUTAM(9549) for the Applicant(s) No. 1
MR HARIBHAI J PATEL(9810) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                               Date : 26/03/2021

                                ORAL ORDER

1. By way of the present Revision Application under section 102 of the Juvenile Justice Act, 2015, the applicant challenges the order dated 20.2.2021 passed by the learned Addl. Sessions Judge, Children's Court No.2, Ahmedabad City in Criminal Appeal No.6 of 2021 whereby, the learned Sessions Judge refused to grant bail under Section 12 of the Juvenile Justice Act to the applicant in connection with the F.I.R. being C.R.No.11191041201120 of 2020 registered with Shaher Kotda police station, Ahmedabad City for the offence punishable under Sections 376(a)(b) of the Indian Penal Code and sections 3(a), 4, 5(m) and 6 of the POCSO Act.

2. Heard learned advocate Mr. Haribhai Patel for the applicant - Juvenile. Learned APP has placed on record report dated 26.3.2021 obtained from Legal-cum-Probation officer, Page 1 of 3 Downloaded on : Sat Mar 27 05:53:40 IST 2021 R/CR.RA/203/2021 ORDER District Children Protection Unit, Ahmedabad and report dated 26.3.2021 obtained from Superintendent, Zonal Observation Home, Ahmedabad which are ordered to be taken on record. Upon perusal of said reports, it appears that no apprehension is shown that if the applicant is released on bail, it is likely that he would come in association with any known criminal or expose to any danger. Thus, considering the provision of section 12 of Juvenile Justice Act, present Revision Application deserves consideration.

3. In the result, the present Revision Application is allowed. The Impugned order dated 20.2.2021 passed by the learned Addl. Sessions Judge, Children Court No.2, Ahmedabad City in Criminal Appeal No.6 of 2021 is hereby quashed and set aside. The applicant is ordered to be released on bail in connection with F.I.R. being C.R.No.11191041201120 of 2020 registered with Shaher Kotda police station, Ahmedabad City subject to the following conditions :-

[a] the applicant shall furnish personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety in the like amount from his father to the satisfaction of the learned Children Court ;

[b] A Probation Officer shall be appointed for the applicant - juvenile, who shall maintain general oversight and supervision over the applicant, including visiting the place from time to time as may deem necessary to ensure that the applicant does not fall into undesirable company and is not exposed to any physical or psychological danger.

Page 2 of 3 Downloaded on : Sat Mar 27 05:53:40 IST 2021

            R/CR.RA/203/2021                                            ORDER




         [c]    the applicant shall furnish the present address of
                residence         along    with       the   proof    to     the       I.O.

concerned and also to the Children Court at the time of execution of the bond and shall not change the residence without prior permission of Court concerned;

4. The competent authority 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 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 to the concerned Court to delete, modify 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. Direct service is permitted.

(S.H.VORA, J) SHEKHAR P. BARVE Page 3 of 3 Downloaded on : Sat Mar 27 05:53:40 IST 2021

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