Gujarat High Court
Mahammad Amin @ Aslam S/O Isubbhai ... vs State Of Gujarat on 1 January, 2024
NEUTRAL CITATION
R/CR.A/2430/2023 ORDER DATED: 01/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2430 of 2023
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MAHAMMAD AMIN @ ASLAM S/O ISUBBHAI MANDAVIYA
Versus
STATE OF GUJARAT
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Appearance:
MR NAUMAN S QURESHI(10669) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR HK PATEL, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/01/2024
ORAL ORDER
Though notice is served to the complainant, none appears.
1. By way of the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act, 1989'), the appellant - original accused has prayed to release him on regular bail in connection with FIR being I-C.R.No.11198001230596 of 2023 registered with Nilambaug Police Station, Bhavnagar.
2. Learned advocate for the appellant submits that considering the nature of allegations, role attributed to the petitioner, the appellant may be enlarged on regular bail by imposing suitable conditions. He would submit that FIR is filed after 2 years. The victim is major. He further submitted that even as per allegation of FIR, the appellant has not webbed the Page 1 of 4 Downloaded on : Tue Jan 02 20:40:43 IST 2024 NEUTRAL CITATION R/CR.A/2430/2023 ORDER DATED: 01/01/2024 undefined victim. The appellant is Uncle of main accused. Allegations levelled in the FIR is about illegal confinement of the victim. He would further submit that allegations appear to be false as victim lived for 2 years in the house and there is no question of illegal confinement. It is submitted that FIR is filed only after difference arose due to caste. The appellant is behind bar since 17.08.2023. Investigation is complete and charge sheet is filed and in that even there is no likelhood of appellant hampering or tempering with the evidence of prosecution. Thus, he submits that the appellant may be enlarged on bail with conditions.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP has drawn attention of the Court towards findings arrived by learned Sessions Judge and submitted that the appellant has compelled the victim to wear burqa and compelled to perform Namaz against her wish. The victim is not Muslim and therefore, she cannot be compelled to wear burqa and perform Namaz. Allegations of illegal confinement get strengthen from charge sheet papers and therefore, he submits to dismiss the petition.
4. Heard the learned Advocates for the respective parties and perused the papers.
5. Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, it appears that FIR is filed after 2 years and in these 2 years, victim stayed in the house of accused no.1. However, she stayed in the house of appellant for Page 2 of 4 Downloaded on : Tue Jan 02 20:40:43 IST 2024 NEUTRAL CITATION R/CR.A/2430/2023 ORDER DATED: 01/01/2024 undefined 2 days. For 2 years, she did not complain about illegal confinement or pressurizing her to wear burqa or perform Namaz. Moreover, the appellant is behind bar since 17.08.2023. Charge sheet is filed. Balance between prosecution and societal would be met, if liberty of appellant is adhered to however, with some conditions.
6. In the result, the present appeal is allowed. The appellant is ordered to be released on bail in connection with FIR registered as I-C.R.No.11198001230596 of 2023 registered with Nilambaug Police Station, Bhavnagar on executing bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount to the satisfaction of the Trial Court and subject to the conditions that the appellant 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] not leave the territory of India without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend Court concerned regularly.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
[f] not to enter Bhavnagar District for 6 months except on the day of attending trial.Page 3 of 4 Downloaded on : Tue Jan 02 20:40:43 IST 2024
NEUTRAL CITATION R/CR.A/2430/2023 ORDER DATED: 01/01/2024 undefined
7. The competent authority will release the appellant 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 appellant on bail.
8. The appeal succeeds. Direct service is permitted.
(J. C. DOSHI,J) SATISH Page 4 of 4 Downloaded on : Tue Jan 02 20:40:43 IST 2024