Kiritbhai Bhayrambhai Bakhudiya (Koli Patel) v. State of Gujarat
2016-09-07
P.P.BHATT
body2016
DigiLaw.ai
ORDER : P.P BHATT, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with First Information Report being CR. No. I-52/2016 registered with Viramgam Rural Police Station, District Ahmedabad for the offences punishable under Section 376, 450, 506(2), 114 of the Indian Penal Code. 2. Heard learned counsel for the applicants and learned Additional Public Prosecutor for the respondent-State. 3. Learned advocate for the applicants submitted that the applicants are innocent persons, however have been falsely implicated in the alleged offences. It is submitted that the investigation is over and charge-sheet is filed, therefore there is no possibility of tempering the evidence. It is further submitted that as per the FIR, the incident took place on 04.05.2016, whereas the FIR came to be lodged on 11.05.2016 i.e almost after five days from the date of occurrence of alleged offence. There is no proper justification in the FIR regarding the late filing of complaint. It is also submitted that as per the allegation made in the FIR applicants father and son have caught hold the victim lady and the another son has committed offence under Section 376 of IPC. Learned advocate for the applicants further submits that the story narrated in the FIR is also improbable as the minor girl of the victim lady aged about 4-5 years was also sleeping with the victim lady. It is submitted that on account of previous enmity between applicants and the family members of victim lady, they have been falsely implicated in the alleged offence. Learned advocate for the applicants further submits that even the medical evidence as well as FSL report also does not support the prosecution case. It is lastly submitted that the applicants are residence of Vanthal village, Ta.: Viramgam, Dist.: Ahmedabad and having responsibility towards their family members. It is further submitted that applicants are ready and willing to abide by the terms and conditions that may be imposed by this Court. Therefore, considering the nature and gravity of accusation made against the applicants and the role attributed to the applicants, they 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.
Therefore, considering the nature and gravity of accusation made against the applicants and the role attributed to the applicants, they 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 applicants. Therefore, the present application may be rejected. 5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicants in the First Information Report and other chargesheet papers, this Court is of the opinion that discretion is required to be exercised in favour of the applicants for grant of bail as now there is no possibility of tampering with the evidence as chargesheet is filed. Moreover, the applicants assures that they will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with First Information Report being C.R No. I-52/2016 registered with Viramgam Rural Police Station, District Ahmedabad 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 applicants 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 Vanthal village of Viramgam taluka for period of three months. [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.
[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 applicants only if they are 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 applicants on bail. 7. Rule is made absolute to the aforesaid extent. Direct service is permitted.