Gujarat High Court
Kuldeepsinh Bharatsinh Vala vs State Of Gujarat on 20 September, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/22227/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 22227 of 2017
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KULDEEPSINH BHARATSINH VALA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR MURALIN DEVNANI, ADVOCATE for the Applicant(s) No. 1
MS. SHRUTI PATHAK ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 20/09/2017
ORAL ORDER
This is an application for regular bail on the basis of parity under section 439 of Code of Criminal Procedure in connection with I-CR No. 41/2016 registered with Sarthana police station for the offences punishable under sections 366, 376, 384, 292, 506 (2), 114 of Indian Penal Code.
2. The alleged incident took place prior to 7 month from 20.2.2016 whereas the complainant lodged the complaint on 11.3.2016. It is her case that she was blackmailed by the accused named Ronik and later abducted her and her daughter and she was made to marry him. The present applicant is alleged to have Page 1 of 5 HC-NIC Page 1 of 5 Created On Thu Sep 21 00:12:36 IST 2017 R/CR.MA/22227/2017 ORDER driven the vehicle where the complainant is a married lady having a child. It is also alleged that the vehicle driven by the present accused Vashubhai Rabari also had abated the main accused in the act of abducting and extortion of money.
3. Learned advocate appearing for the petitioner has urged that he hails from a modest background and has no antecedents. His only role is of driving the vehicle. The complainant was already married and is a matured lady of 30 years of age and out of her own volition she had joined the main accused. Learned advocate for the applicant stated that he had no knowledge of any other allegations and Vashubhai Rabari who had graver role has been granted regular bail by this Court in Criminal Misc. Application No. 7952/2016 dated 13.4.2016 prior to the filing of the charge sheet. Now the charge sheet has been filed against the applicant and no further incarceration would be necessary.
4. Learned Additional Public Prosecutor has objected to the same on the ground that he was not available for a long time.
5. Having closely examined the papers of Page 2 of 5 HC-NIC Page 2 of 5 Created On Thu Sep 21 00:12:36 IST 2017 R/CR.MA/22227/2017 ORDER investigation and also the submissions of learned advocates on both the sides, this Court notices that the alleged role attributed to the present applicant is of driving the vehicle, at the time when the complainant was allegedly taken to Radhanpur by the main accused.
6. The applicant has no antecedents and thus, on examining the nature of allegations and the limited role attributed to him and more particularly when Vashubhai Rabari the co-accused who have graver role then this applicant is already enlarged on bail by this Court by order dated 13.4.2016 in Criminal Misc. Application No. 7952/2016, with stringent conditions he is required to be enlarged on bail.
7. Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.41/2016 registered with Sarthana Police Station on his executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he , shall:
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the Page 3 of 5 HC-NIC Page 3 of 5 Created On Thu Sep 21 00:12:36 IST 2017 R/CR.MA/22227/2017 ORDER prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the 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 his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) He is a permanent resident of Surat and shall not leave the State of Gujarat without prior permission and shall mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the completion of trial.
9. If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
10. Bail before the lower Court having jurisdiction to Page 4 of 5 HC-NIC Page 4 of 5 Created On Thu Sep 21 00:12:36 IST 2017 R/CR.MA/22227/2017 ORDER try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
Rule is made absolute. Direct service permitted (MS SONIA GOKANI, J.) MARY Page 5 of 5 HC-NIC Page 5 of 5 Created On Thu Sep 21 00:12:36 IST 2017