Raval Krupal Chandrakantbhai vs State Of Gujarat on 29 January, 2021

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Gujarat High Court

Raval Krupal Chandrakantbhai vs State Of Gujarat on 29 January, 2021

Bench: Gita Gopi

            R/CR.MA/1130/2021                          ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION NO. 1130 of 2021

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                RAVAL KRUPAL CHANDRAKANTBHAI
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR SAMIR AFZAL KHAN(3733) for the Applicant(s) No. 1
MR PRANAV TRIVEDI APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 29/01/2021

                                  ORAL ORDER

1. This application has been filed after charge-sheet under section 439 of the Code of Criminal Procedure for regular bail in connection with FIR No.11191003201076 of 2020 registered with Khokhra Police Station, for offences punishable under sections 495, 376(B), 376(2)(n) and 114 of IPC.

2. Mr. Samir Afzal Khan, learned advocate for the applicant submitted that the applicant herein entered into marital relationship with the complainant. The complainant is aged about 36 years and out of the said relationship they have two children. He further submitted that the applicant got divorce from his first wife before his marriage with the complainant herein, who herself was a divorcee at the relevant time. However, on account of some issues, different complaints came to be filed against the applicant herein by the complainant under the provisions of the Domestic Violance Act as also under section 125 of Cr.P.C. Mr. Khan submitted that false and frivolous allegations have been made in the complaints. It was, therefore, Page 1 of 4 Downloaded on : Sun Jan 31 03:16:37 IST 2021 R/CR.MA/1130/2021 ORDER prayed that the present application may be allowed and the applicant herein may be released on regular bail.

3. Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that the present applicant has suppressed the material fact that he was in relation with the complainant without taking divorce from the first wife and when the complainant came to know the said fact, she has lodged the complaint under Section 376B and as per the facts of the complaint, the offence has been committed by the applicant upon wife during separation and therefore the charge-sheet has been filed against the present applicant. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

4. Heard learned advocates on both the sides and perused the material on record. It appears that there are about seven cases registered between the complainant and the present applicant. The complaint under Section 498A of IPC has also been filed before the Khokhara Police Station. It appears that complaints under Domestic Violence Act and under Section 125 of Cr.P.C. have been lodged for maintenance. Even one complaint under Section 138 of the N.I. Act has been registered by the complainant against the present applicant. The copy of divorce deed between the present applicant and the first wife is placed on record.

5. Taking into consideration the facts of the cases registered between the complainant and the applicant, the fact of their relation from which two children are born and as the charge- sheet has already been filed, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

Page 2 of 4 Downloaded on : Sun Jan 31 03:16:37 IST 2021

R/CR.MA/1130/2021 ORDER

6. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR No.11191003201076 of 2020 registered with Khokhra Police Station on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 India without prior permission of the concerned trial court;

[e] 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;

7. 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 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.

8. Rule is made absolute to the aforesaid extent. Direct Page 3 of 4 Downloaded on : Sun Jan 31 03:16:37 IST 2021 R/CR.MA/1130/2021 ORDER service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(GITA GOPI, J.) Pankaj Page 4 of 4 Downloaded on : Sun Jan 31 03:16:37 IST 2021

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