Gujarat High Court
Alkeshbhai Babubhai Maru (Dalit) vs State Of Gujarat on 26 April, 2022
R/CR.MA/7385/2022 ORDER DATED: 26/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7385 of 2022
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ALKESHBHAI BABUBHAI MARU (DALIT)
Versus
STATE OF GUJARAT
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Appearance:
MR P S DATTA(11324) for the Applicant(s) No. 1
MR. PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 26/04/2022
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.11203030210076 of 2021 registered with Keshod Police Station, District-Junagadh for offence under Sections 363, 366 and 376 of the IPC and under Sections 6, 8 and 12 of the POCSO Act.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned APP appearing on behalf of the respondent - State has 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 further reasoned order.
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5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
6. This Court has considered following aspects:
(a) The investigation is almost over and the charge-sheet is filed.
(b) The present applicant is in jail since 16.03.2022.
(c) Considering the version of the FIR and the investigation papers, it appears that the applicant and the so called victim were having love affair and now both have married.
(d) At this point of time, the victim is also residing with the parents of the present applicant.
(e) Since the investigation is over and the charge-sheet is filed, no further recovery and discovery is to be made from the present applicant and no fruitful purpose would be achieved by keeping the present applicant behind bars during the pendency of the trial.
(f) Considering the peculiar fact that both the victim and the present applicant got married, this Court would be inclined to grant bail to the present applicant.
In the facts and circumstances of the present case, I am inclined to consider the case of the applicant.
7. This Court has also taken into consideration the law laid Page 2 of 4 Downloaded on : Wed Apr 27 21:15:03 IST 2022 R/CR.MA/7385/2022 ORDER DATED: 26/04/2022 down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.11203030210076 of 2021 registered with Keshod Police Station, District-Junagadh 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 India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station between 1st to 10th day 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 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 the concerned trial court;
9. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not required in connection with any other offence for the Page 3 of 4 Downloaded on : Wed Apr 27 21:15:03 IST 2022 R/CR.MA/7385/2022 ORDER DATED: 26/04/2022 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. 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 prima facie observations made by this Court in the present order.
11. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(NIRAL R. MEHTA,J) SLOCK BAROT Page 4 of 4 Downloaded on : Wed Apr 27 21:15:03 IST 2022