Gujarat High Court
Arvind Kantibhai Parmar vs State Of Gujarat on 12 April, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
R/CR.MA/3460/2023 ORDER DATED: 12/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3460 of 2023
==========================================================
ARVIND KANTIBHAI PARMAR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
DR PARESHKUMAR B PATEL(11783) for the Applicant(s) No. 1
MR MAKBUL I MANSURI(2694) for the Applicant(s) No. 1
MS DIVYANGNA JHALA APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 12/04/2023
ORAL ORDER
1. By way of this application under Section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.', for short) the applicant has prayed for his release on regular bail in connection with FIR being C.R.No. 11191035221021 of 2022 registered with Naroda Police Station for offences punishable under Sections 363 and 376(B) of Indian Penal Code and under Section 3(a), 4, 5(M) and 6 of Protection of Children from Sexual Offences, Act, 2012.
2.1 As per the FIR, the applicant, who is aged about 35 years old and who happens to be friend of the Page 1 of 6 Downloaded on : Tue Apr 18 20:34:02 IST 2023 R/CR.MA/3460/2023 ORDER DATED: 12/04/2023 complainant, visited the residence of complainant on 12.09.2022. He firstly made phone call to the complainant, sought permission and then visited the house of the complainant. Thereafter, having come to know that daughter of complainant is suffering from leg-pain, he offered to give her massage. After giving massage, he asked the complainant that he wanted to have coffee which he would bring from the shop and he also asked the complainant to take her daughter Siya with him. The complainant allowed the applicant to take his daughter with him. After a long time since neither the applicant nor the daughter of the complainant return, the complainant along with his wife went outside for search of both of them i.e. daughter Siya and the applicant. As soon as he found his daughter Siya on bike along with the applicant, his daughter started crying. Upon inquiry, victim [daughter of the complainant] narrated the incident complaining that applicant took her towards some place like jungle where he removed her leggies down and inserted his hand in her private part. Meantime, as per the FIR, the applicant disappeared leaving motorbike there only Page 2 of 6 Downloaded on : Tue Apr 18 20:34:02 IST 2023 R/CR.MA/3460/2023 ORDER DATED: 12/04/2023 and when the complainant asked him to come back, he did not return. Thereafter the complainant brought her daughter back to house and filed the complaint.
2.2 Pursuant to the aforesaid complaint, the present applicant was arrested and hence the present application is filed under Section 439 of the Cr.P.C. for his release on regular bail.
3.1 Learned advocate Mr.Mansuri submitted that the present applicant is the only bread-winner of his family and because of his arrest since 13.09.2022, his entire family is suffering and, therefore, he may be enlarged on bail.
3.2 Learned advocate Mr.Mansuri also submitted that present applicant has wrongly been framed in the offence in question and there was some financial transaction took place between the present applicant and the original complainant and since present complainant could not repay the amount, by way of false complaint, the present applicant has been framed.
Page 3 of 6 Downloaded on : Tue Apr 18 20:34:02 IST 2023R/CR.MA/3460/2023 ORDER DATED: 12/04/2023 However, learned advocate Mr.Mansuri could not point out any material from the record indicating any financial transaction took place between the original complainant and the applicant. He submitted that the present applicant being innocent person and falsely has been roped in offence in question, he may be released on regular bail.
4.1 Learned Additional Public Prosecutor vehemently opposed the applicant and pointed out that age of the victim is 11 years whereas the present applicant is 35 years of age. The present applicant was friend of the father of the victim and, therefore, taking advantage of being father figure, he took victim outside the house with him under pretext of buying coffee and then committed such heinous crime which shows the mindset of the applicant. Learned APP also pointed out that such kind of person with such kind of weird mentality may not be allowed roam free in the society and, therefore, it is requested to dismiss the present application.
Page 4 of 6 Downloaded on : Tue Apr 18 20:34:02 IST 2023R/CR.MA/3460/2023 ORDER DATED: 12/04/2023 4.2 Learned APP also drew attention of the Court to the statement of the victim girl before the Investigating Officer recorded on 12.09.2022 wherein she has categorically narrated the incident which would destroy the theory of any financial transaction and false framing of the present applicant in offence. Learned APP, therefore, requested the Court to dismiss the present application.
5. I have heard learned advocates for the respective parties and considered the material on record. I have gone through the statement of the victim girl given before the Investigating Officer which is in line with what is stated in the FIR. I have also considered the fact that the age of the applicant is 35 years whereas the age of the victim girl is 11 years and victim herself has narrated the incident before the police authority. At this stage, I do not see any reason to release the present applicant on bail as if such person with such mentality is allowed to roam free in the society, there is all possibility that he may repeat such act again.
Page 5 of 6 Downloaded on : Tue Apr 18 20:34:02 IST 2023R/CR.MA/3460/2023 ORDER DATED: 12/04/2023
6. For the reasons recorded above, the present application requires to be dismissed and it is dismissed accordingly. Rule is discharged. No order as to costs.
Direct service is permitted.
(NIRZAR S. DESAI,J) MISHRA AMIT V. Page 6 of 6 Downloaded on : Tue Apr 18 20:34:02 IST 2023