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2017 DIGILAW 1826 (GUJ)

Mukesh Mansukhbhai Devipujak v. State of Gujarat

2017-12-01

S.H.VORA

body2017
ORDER : S.H. VORA, J. Heard Mr. Nisarg Shah, learned advocate, for learned advocate Ms. Solanki for the applicant and learned APP, for the respondent-State. 2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R registered at C.R No. I - 113/2016 with Chotila Police Station for the offences punishable under Sections 363, 376, 342 of the IPC. 3. Vide order dated 19.4.2017, the Court has reserved liberty in favour of the applicant to file fresh bail application before the learned trial Court after deposition of the victim girl is recorded. Upon recording deposition of the victim girl and the complainant - aunty of the victim girl, present Criminal Misc. Application is filed before this Court. Considering the deposition of the complainant recorded below Exh.13 and victim girl recorded below Exh.16 in Special (POSO) Case No. 3 of 2017, it appears that both have not supported the prosecution case and therefore, present Criminal Misc. Application deserves consideration. 4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I - 113/2016 with Chotila Police Station, 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 the applicant 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. The competent authority will release the applicant only if the applicant 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 take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 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. 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.