Gujarat High Court
Kamleshbhai @ Kamo Zaverbhai Mer vs State Of Gujarat on 28 January, 2021
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/11524/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11524 of 2020
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KAMLESHBHAI @ KAMO ZAVERBHAI MER
Versus
STATE OF GUJARAT
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Appearance:
KARTIK H BHATT(9313) for the Applicant(s) No. 1
MR H K PATEL, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 28/01/2021
ORAL ORDER
1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as CRI/31/2019 with Alang Police Station, Bhavnagar for the offence punishable under Sections 363, 366 and 376(2)(I)(N)of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.
2. 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.
3. On the other hand, the learned Additional Public Prosecutor appearing for the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.
Page 1 of 4 Downloaded on : Wed Jan 12 05:03:18 IST 2022R/CR.MA/11524/2020 ORDER 4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered : I) The FIR is registered on 29.09.2019 for the offence which took place on 23.09.2019.
II) The applicant is in custody since 27.01.2020.
III) Investigation is concluded and chargesheet is filed.
IV) Submissions of learned advocate for the applicant that the applicant is aged 22 years, unmarried and was having affair with the prosecutrix aged about 15 years and 7 months.
V) Submissions of learned advocate for the applicant that the prosecutrix has given her statement on 27.01.2020 in which she has stated she was doing the labour work where she met the present applicant and according to her statement, it was the victim, who insisted the applicant to talk with her and accordingly, affair had started.
VI) No antecedents reported.
VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
6. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation Page 2 of 4 Downloaded on : Wed Jan 12 05:03:18 IST 2022 R/CR.MA/11524/2020 ORDER reported in [2012] 1 SCC 40.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with CRI/31/2019 with Alang Police Station, Bhavnagar 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 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 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 for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to Page 3 of 4 Downloaded on : Wed Jan 12 05:03:18 IST 2022 R/CR.MA/11524/2020 ORDER 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) Not to enter Ta:Talaja till the evidence of prosecutrix is recorded except for marking presence before the concerned Police Station and attending the trial proceedings.
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.
10. Bail bond to be executed before the 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.
11. 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.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(A.Y. KOGJE, J) GIRISH Page 4 of 4 Downloaded on : Wed Jan 12 05:03:18 IST 2022