Bhogilal Bhikhabhai Kansagara vs State Of Gujarat on 3 April, 2018

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Gujarat High Court

Bhogilal Bhikhabhai Kansagara vs State Of Gujarat on 3 April, 2018

Bench: S.H.Vora

       R/CR.MA/6137/2018                            ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 6137 of 2018

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                   BHOGILAL BHIKHABHAI KANSAGARA
                                Versus
                         STATE OF GUJARAT
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Appearance:
MR PRAVIN GONDALIYA(1974) for the PETITIONER(s) No. 1
MR NISHA THAKORE, ADDL. PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                           Date : 03/04/2018

                            ORAL ORDER

1. Heard Mr. Gondaliya, learned advocate, for the applicant and learned APP, for the respondent-State.

2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 28/2018 with Gondal City Police Station for the offences punishable under Sections 376(h)(m), 201, 323 and 114 of the Indian Penal Code, u/s 4, 6, 8, 10, 12, 17 of the POCSO Act and u/s 67 of the I.T. Act.

3. Considering the police papers supplied by learned APP during the course of hearing, it appears that substantial investigation is over. The role attributed to the present applicant is abettor to the offence in question. The alleged place of incident belongs to the son of the applicant and no TI parade is arranged by the investigating agency. No any past Page 1 of 3 R/CR.MA/6137/2018 ORDER antecedent is registered against the present applicant. Therefore, present Criminal Misc. Application deserves consideration.

4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 28/2018 with Gondal City Police Station, on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant 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 the 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;

5. The competent authority will release the applicant only if the applicant 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 Page 2 of 3 R/CR.MA/6137/2018 ORDER case. It will be open for the concerned Court to delete, modify and/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.

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

(S.H.VORA, J) SHEKHAR P. BARVE Page 3 of 3

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