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2017 DIGILAW 1453 (GUJ)

Naresh Radka Kodiya (Varli) v. State of Gujarat

2017-09-01

R.P.DHOLARIA

body2017
ORDER : R.P. DHOLARIA, J. Rule. Mr. Manan Mehta, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State of Gujarat. 2. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R No. I-72 of 2017 registered with Bhilad Police Station, District - Valsad for the offences punishable under Sections - 3, 4, 5 and 7 of the Prevention of Immoral Traffic Act, 1956 and under Sections - 370 and 114 of the Indian Penal Code. 3. Mr. Z.F Bharda, learned advocate appearing on behalf of the applicant submits that since the role of the applicant is alleged to have been as a customer and therefore, considering the provision of the Act, no offence is made out. He further submits that co-accused has been enlarged on regular bail by this Court vide order dated 14/06/2017 in Criminal Misc. Application No. 14070 of 2017. He further submits that the charge-sheet has also been filed after conclusion of the investigation. Considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 4. Mr. Manan Mehta, 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. 5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers of investigation and considered the allegations levelled against the applicant and the role played by the applicant. I have also considered the fact that co-accused has been enlarged on regular bail by this Court dated 14/06/2017 in Criminal Misc. Application No. 14070 of 2017. The learned APP has also verified the case papers and from the charge-sheet, it reveals that the role of the present applicant is as a customer and therefore, this Court is not inclined to enter into the controversy as to whether any offence is made out against the present applicant or not and any provision of the Prevention of Immoral Traffic Act, 1956 is constituted or not. 7. 7. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail as the charge-sheet has also been filed after conclusion of the investigation. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R No. I - 72 of 2017 registered with Bhilad Police Station, District - Valsad, on executing a personal bond of Rs. 10,000/- (Rupees Ten thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he 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 for a period of three months and thereafter on any day of first week of each English Calendar Month for a period of one year, between 10:00 a.m and 2:00 p.m; [f] furnish latest 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; 8. 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. Rule is made absolute to the aforesaid extent. 9. Direct service is permitted.