Gujarat High Court
Gopalbhai Gabrubhai Selabhai Mer vs State Of Gujarat on 7 October, 2020
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/13865/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13865 of 2020
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GOPALBHAI GABRUBHAI SELABHAI MER
Versus
STATE OF GUJARAT
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Appearance:
MR HARSHIT S TOLIA(2708) for the Applicant(s) No. 1
MR PARTH S TOLIA(5617) for the Applicant(s) No. 1
BIREN J PANCHAL(9300) for the Respondent(s) No. 1
MR. H.K. PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 07/10/2020
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 C.R. No.I-350 of 2019 with Varachha Police Station, Surat, for the offence punishable under Sections 363, 376(1), 376(2)(I)(J), 373(3), 506(2) and 114 of the Indian Penal Code and under Sections 4, 5(g)(h), 7, 8 and 17 of 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 respondent-State has Page 1 of 4 Downloaded on : Thu Oct 08 01:49:54 IST 2020 R/CR.MA/13865/2020 ORDER opposed grant of regular bail looking to the nature and gravity of the offence.
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 F.I.R. is registered on 27-07-2019 for the offence which is alleged to have taken place on 16-07-2019;
II) The applicant is in custody since 28-07-2019;
III) Learned Advocate for the applicant submitted that the application is moved for successive bail pursuant to the order dated 28-11-2019 passed in Criminal Misc.Application no.2195 of 2019, wherein the liberty was reserved to file afresh after the evidence of the prosecutorix is recorded. However, this application was moved on the basis of settlement which has been arrived at between the applicant and the prosecutorix. Prosecutrix has filed Affidavit, countersigned by his father indicating that it was on account of the love affair. The incident has taken place and the FIR is lodged with misunderstanding.
IV) It is submitted that the applicant is aged 20 years.
Affidavit filed by father of the prosecutrix indicated that existence of love affair. Reference is made to the settlement between the family members and has no objection to release the applicant on bail. The applicant and complainant both sides to pay Rs.5,000/- each as cost with the Legal Aid Committee, High Court of Gujarat voluntarily.
V) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
6. In the facts and circumstances of the case and considering Page 2 of 4 Downloaded on : Thu Oct 08 01:49:54 IST 2020 R/CR.MA/13865/2020 ORDER 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.
7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-350 of 2019 with Varachha Police Station, Surat, 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) Learned Advocates representing the applicant as well as the complainant side voluntarily to deposit an amount of Rs.5,000/- (Rupees Five Thousand only) each with the Legal Aid Committee, High Court of Gujarat, within a period of three weeks from the date of release of the applicant on bail.
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R/CR.MA/13865/2020 ORDER
(g) 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 Trial Court;
8. 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.
9. 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.
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. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(A.Y. KOGJE, J) CAROLINE/PARESH Page 4 of 4 Downloaded on : Thu Oct 08 01:49:54 IST 2020