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Gujarat High Court · body

2016 DIGILAW 1990 (GUJ)

Praveenbhai Ratanbhai Nayak v. State of Gujarat

2016-09-07

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 M. Case No. 1/2015 registered with Bodeli Police Station, District: Vadodara for the offences under Sections 376, 363, 366, 504, 506(2), 114 of the Indian Penal Code and under Section 3 and 4 of the Protection of Children from Sexual Offence Act. 2. Learned advocate for the applicant submits that the applicant is facing allegation of offences under Sections 376, 363, 366, 504, 506(2), 114 of the Indian Penal Code and under Section 3 and 4 of the Protection of Children from Sexual Offence Act. It is submitted that the applicant and the victim girl were known to each other and they have developed intimacy towards each other and out of their relationship the victim girl has given birth to two children i.e one daughter and one son namely Kunta and Hanshraj respectively. It is further submitted that the applicant is a poor person working as daily wager Mazdoor and he is ready and willing to marry with the victim girl upon his release on bail. If the victim girl is not willing to marry with the applicant he will take responsibility the victim girl as well as two children born out of their relationship. It is further submitted that the applicant is having roots in district Chhota Udepur and is also having responsibility towards his family, therefore, there is no likelihood to run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. Moreover, it is also submitted that investigation is over and charge-sheet has been filed and therefore, now there is no possibility of tampering with the evidence and applicant is ready and willing to abide by the terms and conditions that may be imposed by the Court, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. 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. 4. I have heard learned advocates appearing on behalf of the respective parties. He has further submitted that there is a prima facie case against the present applicant. Therefore, the present application may be rejected. 4. 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. 5. Regard being had to the above submission and considering the nature and gravity of accusation made against the applicant as also considering the fact that the applicant is ready and willing to marry with the victim girl upon his release on bail and in the event of unwillingness on the part of the victim girl to marry with him he is ready and willing to take responsibility of maintenance of the victim girl as well as two children born out of their relationship, this Court is of the view that discretion is required to be exercised in favour of the present applicant for regular bail by imposing suitable conditions. 6. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being M. Case No. 1/2015 registered with Bodeli Police Station, District: Vadodara 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 pm; (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; (g) applicant will take responsibility of maintenance of the victim girl and the minor children and for that purpose he shall provide reasonable amount of maintenance to the victim girl every month. The applicant will also file undertaking to this effect at the time of executing bail bond before the concerned trial 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. 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.