Hasmukhbhai @ Hasu Amarshibhai Parmar v. State of Gujarat
2017-09-01
A.Y.KOGJE
body2017
DigiLaw.ai
ORDER : A.Y. KOGJE, J. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered at C.R No. I-62/2017 with Sayla Police Station, Surendranagar for the offence punishable under Sections-363, 366, 376, 212, 114 of the Indian Penal Code and under Sections 5(L), 6, 17, 18 of the Prevention of Children From Sexual Offences (POCSO) Act. 2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order. 5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:— (I) The role attributed to the applicant is that the applicant had provided shelter to the main accused and the prosecutrix, with whom she had eloped; (II) Considering the fact that investigation qua applicant is almost concluded and that there are no allegations against the applicant in so far as the main offence under Section 376 is concerned; 6. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40. 7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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. 8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R No. I-62/2017 registered with Sayla Police Station, Surendranagar on executing a personal bond of Rs.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R No. I-62/2017 registered with Sayla Police Station, Surendranagar 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 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 alternate Monday of every English calendar month for a period of six months between 11.00 a.m and 2.00 p.m; (f) furnish the present address of his 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; 9. 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. 10. Bail bond to be executed before the 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. 11. 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. 12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.