Bilal (Mahammadbilal Kadarhussai Sandhi) vs State Of Gujarat

Divyesh A. Joshi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regularbailinconnectionwith C.R.No.11204026230297 of 2023 registered with Kapadvanj Town Police Station, District Kheda for the offence punishable under Sections 376(1) and 114 of the Indian Penal Code under Sections 3(a), 4 and 17 of the POCSO Act.

Learned advocate Mr. Kharadi appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. Learned advocate Mr. Kharadi further submits that the so-called incident occurred on 17.05.2023 and complaint has been registered on 12.06.2023. There is delay of 22 days in registering the complaint. Present applicant accused has been arrested on 12.06.2023 and since then he is in judicial custody. Investigation is already completed and after submission of the charge-sheet present bail application is preferred. Learned advocate Mr. Kharadi has perused the FIR and submitted that role of the present applicant accused is of an abettor and he has not actively participated in the commission of crime. Considering the role attributed by the applicant at the time of commission of crime, his bail application may be considered.

Learned APP Ms. Jirga Jhaveri appearing on behalf of the respondent-State has objected present bail application with vehemence and submitted that the name of the present applicant accused is mentioned by the complainant at the time of registration of the complaint and specific role is attributed by the present applicant accused at the time of commission of crime which is clearly spelt out from the compilation of charge-sheet papers. Therefore, bail application of the applicant may not be entertained.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties. I have perused the police papers and other documents produced by the applicant along with the memo of the application. It is found out from the record that applicant accused has been arrested on 12.06.2023 and since then he is in judicial custody. Investigation is already completed and after submission of the charge-sheet present bail application is preferred. Prima facie, it is also found out from the record that the role of the present applicant accused is of an abettor. Thus, considering the overall facts and circumstances of the present case, I am of the opinion that bail application of the applicant requires consideration.

This Court has also 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 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with C.R.No.11204026230297 of 2023 registered with Kapadvanj Town Police Station, District Kheda, on executing a personal bond of Rs.15,000/-(Rupees Fifteen 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 injuries 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 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;

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. 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.

The present application stands allowed accordingly. Direct service is permitted.