Behlim Attaul Raheman Kalumiya vs State Of Gujarat on 9 February, 2015

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Gujarat High Court

Behlim Attaul Raheman Kalumiya vs State Of Gujarat on 9 February, 2015

Bench: J.B.Pardiwala

          R/CR.MA/2167/2015                                       ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 2167 of 2015
===========================================================
         BEHLIM ATTAUL RAHEMAN KALUMIYA....Applicant(s)
                            Versus
               STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR CHETAN B RAVAL, ADVOCATE for the Applicant(s) No. 1
MR KP RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
================================================================

          CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                               Date : 09/02/2015


                                 ORAL ORDER

1. Rule returnable forthwith. Mr. K.P. Raval, the learned APP waives service of notice of rule on behalf of the respondentState.

2. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R.No.I3/2015 registered with Mansa Police Station, Dist. Gandhinagar, of the offence punishable under Sections 452, 354(a), 324, 323, 504, 506(2), 114 of the Indian Penal Code, Section 135 of the Gujarat Police Act and Section 8 of the POSCO Act, 2012.

3. Mr. Chetan Raval, 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. Learned Additional Public Prosecutor appearing on behalf of the Page 1 of 4 R/CR.MA/2167/2015 ORDER respondentState 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 further reasoned order.

6. The following aspects are taken into consideration:

6.1 The investigation is almost over.

6.2 The chargesheet is to be filed shortly. The applicant is aged 18 years.

6.3 The victim is aged 17 years.

6.4 The maximum punishment is upto three years.

7. I have heard learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicant and the role played by the applicant. I have also considered the fact that chargesheet is filed and the offences are triable by the learned Magistrate. This Court has also taken into consideration the law laid down by the Honble Apex Court in the case of Sanjay Chandra versus Central Bureau of Investigation reported in (2012)1 SCC 40.

8. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, 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. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I3/2015 registered with Mansa Police Station, Dist. Gandhinagar, 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 learned Trial Court and subject to the conditions that Page 2 of 4 R/CR.MA/2167/2015 ORDER 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; [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 between 10:00 a.m. and 3:00 p.m. for six months only;

[f] furnish the present address of 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;

[g] shall not enter the limits of Taluka Mansa till the conclusion of the trial [h] shall not try to contact and meet the girl in any manner.

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. Bail bond to be executed before the learned 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.

10. 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.

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             R/CR.MA/2167/2015                       ORDER




                                              (J.B.PARDIWALA, J.)
chandresh




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