Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1115 (GUJ)

Kokilaben Chamanji Thakor v. State of Gujarat

2017-07-03

G.R.UDHWANI

body2017
ORDER : G.R. UDHWANI, J. 1. RULE. Learned APP waives service of Rule on behalf of the respondent-State. 2. Heard learned advocate, for the applicant and learned APP, for the respondent-State. 3. This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with the CR No. II-3045 of 2017 registered with Shahibaug Police Station, Ahmedabad for the offence punishable under Sections 376, 114 of the Indian Penal Code, Sections 10, 11 of the Child Marriage Prohibition Act, and Sections 5(L), 6, 16 and 17 of the Protection of Children from Sexual Offence Act. 4. Considering the nature of the allegations against the petitioner, she appears to have abetted the solemnization of the child marriage being a mother-in-law of the victim. An offence under the Act being punishable inter-alia for two years imprisonment, which is a sentence of short duration, the application deserves consideration. 5. Hence, the application is allowed and applicant is ordered to be released on bail in connection with CR No. II-3045 of 2017 registered with Shahibaug Police Station, Ahmedabad on executing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she 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) not leave the territory of India without prior permission of the Sessions Judge concerned; (d) appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly. (e) furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned; 5.1 The competent authority will release the applicant only if she is not required in connection with any other offence for the time being. 5.2 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 5.3 Bail bond to be executed before the lower court having jurisdiction to try the case. 5.4 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 5.3 Bail bond to be executed before the lower court having jurisdiction to try the case. 5.4 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 5.5 At the trial, the 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. 6. Rule made absolute to the aforesaid extent. Direct service is permitted.