Gujarat High Court
Anopsinh @ Anopiyo Kanubha Jadeja vs State Of Gujarat on 3 February, 2014
Author: Anant S. Dave
Bench: Anant S. Dave
R/CR.MA/675/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 675 of 2014
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ANOPSINH @ ANOPIYO KANUBHA JADEJA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR MANRAJ A BAROT, ADVOCATE for the Applicant(s) No. 1
MR KL PANDYA, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 03/02/2014
ORAL ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.19/2013 with Vadinar Marine Police Station, Devbhumi Dwarka for the offences punishable under Sections 363, 366, 376, 342, 506(2) and 114 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012.
2. Learned Counsel appearing for the applicant submits that the chargesheet is filed. According to the complainant, initially a First Information Report was registered on 22.09.2013 being C.R. No.19/2013 at Vadinar Marine Police Station Page 1 of 4 R/CR.MA/675/2014 ORDER wherein the complainant had made accusations against her father. Later on, the complainant gave a different version of her complaint whereby all allegations of the First Information Report do not stand fortified, but other four accused are implicated including the applicant herein. One of the co-accused is a juvenile. So far as the role of the applicant is concerned, the role qua him is that of an accomplice and of preventing the relative of the victim at the scene of offence. Considering the above, it is submitted that the applicant may be enlarged on bail.
3. Heard learned APP Mr. K.L. Pandya for the respondent-State.
4. Having heard learned Counsels for the parties, perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, as also the medical reports, version of the complainant and her allegations, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.
5. Learned Counsels for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.19/2013 with Vadinar Marine Police Station, Page 2 of 4 R/CR.MA/675/2014 ORDER Devbhumi Dwarka, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that 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 his 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 at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
f) 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;
7. The authorities will release the applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court Page 3 of 4 R/CR.MA/675/2014 ORDER having jurisdiction to try the case.
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.
11.For modification and/or deletion of any of the conditions hereinabove, the applicant is at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
12.Rule is made absolute. Direct Service is permitted.
Sd/-
(ANANT S. DAVE, J.) CAROLINE Page 4 of 4