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Gujarat High Court · body

2016 DIGILAW 1953 (GUJ)

Munnabhai Laljibhai Bharadia v. State of Gujarat

2016-09-06

P.P.BHATT

body2016
ORDER : P.P BHATT, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being CR. No. I-29 of 2016 registered with Paliyad Police Station, District: Botad for the offences punishable under Sections 376, 323, 506(2) of the Indian Penal Code and under Sections 4 and 8 of the Protection of Children from sexual Offices Act. 2. Learned advocate for the applicant submits that the applicant is innocent person, however, he has been falsely implicated in the alleged offence. It is further submitted that the applicant and the victim girl were known to each other and in fact they are relatives and the present applicant is maternal uncle of the victim. It is further submitted that now the matter is settled to due to intervention of relatives and family members, and the complainant has no objection if the applicant is ordered to be enlarged on bail. It is also submitted that the investigation is over, charge sheet is submitted, therefore, there is no possibility of tampering the evidence and the applicant is ready and willing to abide by the terms and conditions that may be imposed by the court. Learned applicant therefore submits that considering the nature of allegations, and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 4. Learned advocate appearing on behalf of the complainant has placed on record the affidavit filed by the complainant wherein it is stated that the matter is amicably settled due to intervention of family members and relatives and now she has no grievance against the applicant and she does not object to the application filed by the applicant for grant of bail. 5. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 6. 5. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 6. Regard being had to the above submissions and considering the nature and gravity of accusation made against the applicant in the FIR and other charge sheet papers, and that the dispute is amicably settled between the parties, this Court is of the view that discretion is required to be exercised to enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the offence being CR. No. I-29 of 2016 registered with Paliyad Police Station, District: Botad 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 learned Trial Court and subject to the conditions that the applicant 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 State of Gujarat without prior permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.; [f] furnish latest and permanent 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 this Court; 7. The Authorities 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 learned 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. Bail bond to be executed before the learned 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. At the trial, learned 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 applicant on bail. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted.