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2023 DIGILAW 549 (SC)

NAVAL DIPAKKUMAR THAKKAR v. STATE OF GUJARAT

2023-04-18

A.S.BOPANNA, DIPANKAR DATTA

body2023
ORDER : 1. Leave granted. 2. Application (IA No. 53214/2023) seeking intervention/impleadment is allowed. 3. Heard the learned counsel for the appellant, the learned counsel for the respondent-State as also the learned counsel for the prosecutrix and the informant and perused the appeal papers. 4. The appellant is facing proceedings in respect of the allegation under Section 376(2) of the Indian Penal Code. The appellant was arrested on 10.08.2022 and has spent more than eight months in custody as on date. Though, the charge-sheet has been filed, the Trial Court has not yet framed the charges and the trial has not commenced. In a matter of the present nature though, we have referred to the entire material available on record including the explanation sought to be put forth by the appellant, we do not propose to specifically refer to the same as it may otherwise affect the case of the parties on merits. 5. However, having taken into consideration the fact that charge-sheet has been filed and the appellant has been in incarceration for more than eight months, we deem it appropriate to direct release of the appellant on bail subject to the appropriate conditions to be imposed by the Trial Court. 6. We specify that the Trial Court while imposing appropriate conditions upon the appellant for his release, shall also impose the condition that the appellant shall not go back to Vadodara City, Gujarat or stay there and also not make any attempt to establish any contact with the prosecutrix until the evidence of the prosecutrix is recorded before the Trial Court. After the evidence of the prosecutix is recorded, the appellant would have the liberty to seek modification of the condition with regard to the appellant not entering the Vadodara City, Gujarat and the Trial Court shall consider the same in accordance with law. All other conditions, appropriate in the instant case, shall be imposed on the appellant by the Trial Court. 7. Ordered accordingly. 8. In terms thereof, the appeal is disposed of along with pending application(s), if any.