Gujarat High Court
Vishnudev Vamanan Panikar vs State Of Gujarat on 12 March, 2025
NEUTRAL CITATION
R/CR.A/2475/2024 ORDER DATED: 12/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2475 of 2024
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VISHNUDEV VAMANAN PANIKAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HARDIK H DAVE(6295) for the Appellant(s) No. 1
MR MIREN PRIYADARSHI(11023) for the Opponent(s)/Respondent(s) No. 2
MS RATNA VORA(2251) for the Opponent(s)/Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/03/2025
ORAL ORDER
1. The appellant has filed this Appeal under Section 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act for enlarging him on Regular Bail in connection with FIR being C.R. No. 11200048241761 of 2024 registered with Vapi Town Police Station, Valsad, for the offences punishable under Sections 323, 376(1), 376(2)(n) of Indian Penal Code, 1860 and Sections 3(1)(w), 3(2)(v) and 3(2)(va) of Prevention of Atrocities Act.
2. Learned advocate appearing on behalf of the appellant submits that appellant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Applicant is in jail since 21.06.2024. Trial is yet to be commenced. The applicant is police constable and based on false false allegations, FIR came to be filed. No any objectionable material is taken by the applicant. The applicant and victim were in consensual relationship. Even perusing the investigation papers, it appears that the victim herself had deleted the off scene materials or nude pictures from whats app account and time and gain she came with the Page 1 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Mar 13 2025 Downloaded on : Thu Mar 13 22:23:04 IST 2025 NEUTRAL CITATION R/CR.A/2475/2024 ORDER DATED: 12/03/2025 undefined applicant at the hotel and made physical relationship. No any false promise of marriage was given by the applicant. Considering the same, the appellant may be enlarged on regular bail by imposing suitable conditions.
3. Learned APP appearing on behalf of the respondent-State and learned counsel for the complainant have opposed the present application and submitted that, the appellant in the pretext of marry, developed physical relation with the victim and during that period, the accused had captured nude pictures and videos of the victim and blackmailed her. In this regard, sufficient material is produced on record and one witness namely Vandana has supported the case of the prosecution. If the applicant is released on bail, possibility cannot be ruled out to hamper the witness and tamper the evidence as the applicant was working in police department. Considering the same, he prays not to allow appeal.
4. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
Page 2 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Mar 13 2025 Downloaded on : Thu Mar 13 22:23:04 IST 2025NEUTRAL CITATION R/CR.A/2475/2024 ORDER DATED: 12/03/2025 undefined (1) Investigation is over and chargesheet has been filed; (2) Appellant is in jail since 21.06.2024. (3) There is nothing to be recovered or discovered from the appellant; (4) Allegation against the applicant is that, by giving false promises to marry, developed physical relation and then blackmailed the victim.
It is also alleged that, in the pretext of providing job on vacant posts of GRD, he has made physical relationship. Subsequently, though she was married and having child, forced her to make physical relationship.
(5) Perusing the statement recorded during investigation under Section 164 of Code, such objectionable material /off scene videos is deleted by the victim herself.
(6) Instrument has been seized and sent to FSL for examination, hence, question does not arise to further circulate the said materials. (7) Prima facie, the applicant and victim were in consensual relationship (8) Both are major and victim was very much aware about the status of the applicant.
(9) Applicant has no past antecedent.
6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant in the FIR, without discussing Page 3 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Mar 13 2025 Downloaded on : Thu Mar 13 22:23:04 IST 2025 NEUTRAL CITATION R/CR.A/2475/2024 ORDER DATED: 12/03/2025 undefined further on merit, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the appellant on regular bail. Hence, the present application is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R. No. 11200048241761 of 2024 registered with Vapi Town Police Station, Valsad, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one local 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 to leave 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;
(f) furnish the Aadhar card, email ID/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/contact number without prior permission of Trial Court;
(g) shall not directly or indirectly contact the witnesses connected to the offence.
8. The authorities will release the appellant 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.
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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 appellant on bail.
11. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR,J) SUCHIT Page 5 of 5 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Mar 13 2025 Downloaded on : Thu Mar 13 22:23:04 IST 2025