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2018 DIGILAW 1166 (GUJ)

SHUBHAM VIKRAMBHAI NAYAK v. STATE OF GUJARAT

2018-10-06

A.Y.KOGJE

body2018
ORDER : 1. This Appeal is filed by the appellant under Section 14(A) of the Prevention of Atrocities Amendment Act, 2015 and Section 439 of the Criminal Procedure Code for regular bail in connection with FIR registered as C.R. No.I-157 of 2018 registered with Chandkheda Police Station for the offences punishable under Sections 354, 354A(1)(i), 354 D(i), 506(2) of the Indian Penal Code, under Sections 11(4), (iv), 12 of the POCSO Act and under Sections 3(1)(w)(i) and 3(1) (w)(ii) of the Atrocities Act and under Section 135 of the Gujarat Police Act. 2. Learned Advocate appearing on behalf of the appellant submits that considering the nature of offence, the appellant 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 appellant is in custody since 04.08.2018; (II) The investigation is concluded and charge-sheet is filed; (III) The submission of learned advocate for the appellant that the father of the appellant has sold out the premises where the incident has taken place so that the complainant may not have any cause of action again; (IV) Learned advocate for the original complainant submits that in the year 2014 also the appellant had indulged into similar kind of activity for which the appellant had to give written complaint to the concerned Police Station. It is therefore submitted that the appellant is frequently indulged into this kind of offence; (V) Learned APP under the instructions of the IO is unable to bring on record any special circumstances against the appellant. 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. 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 appellant 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 appellant on regular bail. 8. Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with C.R. No.I-157 of 2018 registered with Chandkheda Police Station 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; (g) not to enter revenue limits of Ahmedabad and Gandhinagar till the conclusion of the evidence of the prosecutrix except marking presence before the concerned Police Station or for attending the trial. 9. The authorities will release the appellant 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. 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 appellant on bail. 12. The appeal is allowed in the aforesaid terms. Direct Service is permitted.