Supreme Court - Daily Orders
Dipen Ramaji Bamaniya vs Union Territory Of Daman And Diu And ... on 18 March, 2025
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2025
(@SLP(CRL.) No. 16059/2024)
DIPEN RAMAJI BAMANIYA APPELLANT(S)
VERSUS
UNION TERRITORY OF DAMAN AND DIU AND
DADRA AND NAGAR HAVELI & ORS. RESPONDENT(S)
O R D E R
Leave granted.
This appeal challenges the judgment and order dated 29.08.2024 passed by the High Court of Judicature at Bombay in Criminal Bail Application No. 3918 of 2023.
The appellant, Dipen Ramaji Bamaniya, has been facing trial in connection with a crime registered pursuant to First Information Report No. 13/2023 dated 19.07.2023 lodged with Coastal Police Station Vanakbara, District Diu, in respect of offences punishable under Sections 354A, 354C, 509 of the Indian Penal Code, 1860, along with Sections 12 and 15 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and Signature Not Verified Section 67B of the Information Technology Act, 2000. Digitally signed by RADHA SHARMA Date: 2025.03.18 17:44:45 IST Reason: 1 An application seeking regular bail having been rejected by the High Court vide impugned order dated 29.08.2024, the appellant has preferred the instant appeal.
This Court vide its order dated 29.11.2024, issued notice in the instant matter.
Heard learned senior counsel for the appellant in support of the appeal and learned counsel for the respondents and perused the material on record.
Learned senior counsel appearing for the appellant submitted that according to Section 67B(b) of the Information Technology Act in respect of which offence the allegation has been made against the appellant, the maximum punishment is five years’ imprisonment and the appellant has already spent time in jail for about twenty months (one year and eight months); that the charges have already been framed and there are as many as twenty witnesses, inevitably the trial will be delayed. Having regard to the period of time spent by the appellant in jail and the maximum punishment that could be accorded in respect of the aforesaid offence, the appellant may be granted the relief of bail by setting aside the impugned order.
2 Per contra, learned counsel for the respondent-Union Territory with reference to his counter affidavit contended that both Courts have rejected the application for bail; that the offence alleged against the appellant is serious inasmuch as a minor victim is the complainant and who has been victimized in the instant case under Section 67B(b) of the Information Technology Act. He further contended that there is no merit in this appeal.
Considering the facts on record, in our view, the case for bail is made out.
We, therefore, allow this appeal and direct as under:
“The appellant, Dipen Ramaji Bamaniya, shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 13/2023 mentioned above.” It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner. Any infraction of the conditions shall entail cancellation of bail granted to the appellant. 3 With these observations, the Criminal Appeal is allowed.
Pending application(s), if any, shall stand disposed of.
………………………………………………………………..,J. (B.V. NAGARATHNA) ………………………………………………………………..,J. (SATISH CHANDRA SHARMA) NEW DELHI;
MARCH 18, 2025
4
ITEM NO.4 COURT NO.7 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 16059/2024 [Arising out of impugned final judgment and order dated 29-08-2024 in CRLBA No. 3918/2023 passed by the High Court of Judicature at Bombay] DIPEN RAMAJI BAMANIYA Petitioner(s) VERSUS UNION TERRITORY OF DAMAN AND DIU AND DADRA AND NAGAR HAVELI & ORS. Respondent(s) (IA No. 265573/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 265574/2024 - EXEMPTION FROM FILING O.T.) Date : 18-03-2025 This matter was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Prakash Deu Naik, Sr. Adv.
Mr. Abhishek Bharti, Adv.
Mr. Pawan Mali, Adv.
Mr. Balaji Srinivasan, AOR Ms. Aarti Mahto, Adv.
Mr. Shantanu Phanse, Adv.
For Respondent(s) Mr. Harish Pandey, Adv.
Mr. Shreekant Neelappa Terdal, AOR Mr. Shrirang B. Varma, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Criminal Appeal is allowed in terms of the signed order which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (DIVYA BABBAR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
5