ORDER : A.Y. Kogje, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with an FIR being C.R. No. I-75 of 2016 registered with Vadnagar Police Station, District: Mahesana for the offences punishable under Sections 366(a), 342, 406, 420, 468, 471 of the Indian Penal Code and under Sections 11 and 16(1) of the Protection of Children from Sexual Offences Act, 2012 after filing of a charge-sheet. 2. Learned advocate for the applicants submits that looking to the role attributed to the applicants in the First Information Report and other police papers and charge-sheet papers and that the applicants are not having any criminal antecedents, they may be enlarged on bail by imposing suitable conditions as may be deemed fit and proper by this Court. Learned advocate for the applicants therefore prays that the applicants may be released on regular bail with 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. He further submitted that there is a prima facie case against the applicants, and therefore, looking to the gravity of the offence, the applicants may not be enlarged on bail. 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. Following aspects are considered. (1) investigation is concluded; (2) charge-sheet is filed. 6. Considering the maximum sentence attached to the sections for which the charge-sheet is filed and considering the arguments of the learned advocate for the applicants that the applicants are, in fact, the victim of the circumstances inasmuch as the applicants themselves had made attempt to return the girl to the parents when they came to know about the age of the complainant and looking to the nature and gravity of accusations made against the applicants in the First Information Report and other police papers, this Court is of the view that discretion is required to be exercised to enlarge the applicants on regular bail imposing suitable conditions.
Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with the offence being C.R. No. I-75 of 2016 registered with Vadnagar Police Station, District: Mahesana on executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the 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 passports, if any, to the lower court within a week; [d] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months, and thereafter, every 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 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. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted.