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2017 DIGILAW 1888 (GUJ)

Sanjaybhai Harjibhai Vanani v. State of Gujarat

2017-12-07

S.H.VORA

body2017
ORAL ORDER : S.H. VORA, J. Learned advocate Mr. R.D. Kothari seeks permission to appear for the complainant. 2. Permission is accordingly granted. 3. Heard learned advocate for the applicant, learned advocate Mr. R.D. Kothari for the complainant and learned A.P.P. for the respondent - State. 4. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R. No. I-34 of 2017 registered with Chotila police station, Chotila for the offences punishable under Sections 363, 366, 376, 506(2), 507 and 114 of the Indian Penal Code, Sections 3(a), 4 and 17 of the POCSO Act and Sections 3(1)(R)(S)(w-1), 3(2)(5), 3(2)(5a) of the Atrocities Act. 5. Considering the papers of investigation supplied by the learned A.P.P. during the course of hearing, it appears that the complaint for the said offence is lodged after a period of about 5 months from the incident in question. Further, learned advocate Mr. R.D. Kothari for the complainant states at bar that he has no objection if the applicant is enlarged on bail. Therefore, present application deserves consideration. 6. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I-34 of 2017 registered with Chotila police station, Chotila 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 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; 7. 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. 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. 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. 8. Rule made absolute to the aforesaid extent. Direct service is permitted. 9. Learned A.P.P. Mr. Dabhi places affidavit-in-reply filed by the concerned I.O. pursuant to order dated 04.12.2017, which is ordered to be taken on record. The concerned I.O. is directed to be more careful in future, else, strict view will be taken. Notice issued under Section 174 of the Indian Penal Code is discharged.