Research › Search › Judgment

Gujarat High Court · body

2016 DIGILAW 1963 (GUJ)

Ravi Durlabhbhai Kapdi 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 First Information Report being C.R No. I-57/2015 registered with Katargam Police Station, District Surat, for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and Sections 4, 5 (L) and 6 of the POCSO Act. 2. Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. Learned advocate for the applicant submits that the applicant is facing charge of offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and Sections 4, 5(L) and 6 of the POCSO Act. It is submitted that the applicant and victim girl were known to each other and they developed intimacy for each other, and therefore, the victim girl left her parental home voluntarily. According to learned advocate for the applicant, prima facie the ingredients of the alleged offences are not attracted qua the present applicant. It is also submitted that the applicant is young boy aged about 23 years having no criminal antecedence. Learned advocate further submits that investigation is over and charge-sheet is submitted, therefore, there is no possibility of tampering with the evidence. Therefore, considering the nature of allegations and gravity of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicant, therefore, the present application may be rejected. 5. Regard being had to the above submissions, in the facts and circumstances of the case, considering the nature and gravity of accusation made against the applicant in the First Information Report and other charge-sheet papers, this Court is of the opinion that discretion is required to be exercised in favour of the applicant. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R No. I-57/2015 registered with Katargam Police Station, District Surat, on his executing a personal bond of Rs. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R No. I-57/2015 registered with Katargam Police Station, District Surat, on his 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 following 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) not enter into the limits of Katargam Police Station for a period of six months, except for the purpose of marking presence and attending the trial Court. (g) 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. 6. 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. 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. 7. Rule is made absolute to the aforesaid extent. Direct service is permitted.