Gujarat High Court
Jagatsinh Ratuji Dabhi vs State Of Gujarat on 9 December, 2016
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/31994/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) No. 31994
of 2016
=============================================================
JAGATSINH RATUJI DABHI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
=============================================================
Appearance :
Mr MAHENDRA K PATEL, ADVOCATE for the Applicant(s) No. 1
Mr SANJAYKUMAR L PATEL, ADVOCATE for the Applicant(s) No. 1
Mr KP RAVAL, APP for the Respondent(s) No. 1
=============================================================
CORAM: HONOURABLE Mr. JUSTICE B.N. KARIA
9th December 2016
ORAL ORDER
Rule returnable forthwith. Learned APP Shri K.P Raval appears and waives service of notice of rule for and on behalf of the respondent.
This successive bail Application is filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R No. I-45 of 2016 registered with Nandasan Police Station, District Mehsana for the offence punishable under Sections 363, 366, 376 & 114 IPC read with Sections 4, 8 & 17 of Protection of Children from Sexual Offences Act, 2012.
Page 1 of 6
HC-NIC Page 1 of 6 Created On Sat Dec 10 00:46:56 IST 2016
R/CR.MA/31994/2016 ORDER
Learned advocate appearing for the applicant, at the outset, urged this Court to release the applicant on bail since there is no offence culled out from the FIR against the applicant. He further urged that the applicant and prosecutrix are in love with each other and therefore, they eloped. He pointed out that the age of prosecutrix is 17 years and 11 months, and even as per the case of complainant, prosecutrix had voluntarily left her parental home and they resided at different places during the said tenure. Learned advocate for the applicant also pointed out that during her stay with the applicant, the prosecutrix had neither raised any shouts nor complained to any one of her illegal confinement, and therefore, this conduct itself shows that she was a consenting party. In light of these facts, learned advocate appearing for the applicant states that the applicant has not committed any act against her wish and therefore, provisions of Section 376 IPC shall not be attracted. He informed the Court that the chargesheet in the offence alleged has already been laid before the trial Court, and therefore, there is no scope of the applicant fleeing away from justice. Ultimately, Page 2 of 6 HC-NIC Page 2 of 6 Created On Sat Dec 10 00:46:56 IST 2016 R/CR.MA/31994/2016 ORDER learned advocate urged this Court to release the applicant on bail on suitable terms and conditions.
Per contra, learned APP has apprehended that if the applicant is released on bail, there would be breach of law and order in the locality, and therefore, he be restrained from entering into local limits of the village where the applicant resides. In the alternative, he prayed this Court to impose stringent conditions so that they may not misuse their liberty.
Having heard learned advocate for the applicant and learned APP for the respondent-State, perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, particularly when chargesheet has already been laid before the trial Court, the applicant deserves to be enlarged on bail.
Learned advocates for the respective parties do not press for further reasoned order.
Hence, in the facts and circumstances of the case, this Application is allowed. Applicant is ordered to be released on bail in connection with C.R No. I-45 of 2016 Page 3 of 6 HC-NIC Page 3 of 6 Created On Sat Dec 10 00:46:56 IST 2016 R/CR.MA/31994/2016 ORDER registered with Nandasan Police Station, on his executing a bond of Rs. 10,000/= [Rupees Ten Thousands only] each 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 the liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[d] mark presence at the concerned Police Station on the every alternate Mondays between 11 am and 2 pm for six months;
[e] 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 this Court; and [f] shall not enter within the local limits/vicinity of the area where the applicant resides for a period of six months from the date of passing of this order.
The authorities will release the applicant only if he is Page 4 of 6 HC-NIC Page 4 of 6 Created On Sat Dec 10 00:46:56 IST 2016 R/CR.MA/31994/2016 ORDER not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the learned Sessions Judge concerned will be at liberty 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.
At the trial, the trial Court shall not be influenced by the observations of preliminary nature made qua the evidence at this stage, by this Court, while enlarging the applicant on bail.
For modification and/or deletion of any of the conditions hereinabove, the applicants are at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
Rule nisi made absolute to the aforestated extent. Direct service is permitted today.
Page 5 of 6 HC-NIC Page 5 of 6 Created On Sat Dec 10 00:46:56 IST 2016 R/CR.MA/31994/2016 ORDER {B.N Karia, J.} Prakash Page 6 of 6 HC-NIC Page 6 of 6 Created On Sat Dec 10 00:46:56 IST 2016