Himanshu @ Lalu Manharbhai Chapaneri vs State Of Gujarat

Nirzar S. Desai, J

On 20.06.2023 the complainant viz. Naynaben Ramabhai Dhodiya was present and requested for time to so as to engage an advocate. Hence, at her request, matter was adjourned today. However, when the matter is called out today, complainant is not present. Further, during this period it seems that she has not engaged any advocate and hence since the rule is served upon the original complainant, this matter is taken up for hearing in her absence as she does not seem to be interested in prosecuting the matter either in person or through any advocate.

Heard learned advocate Mr.Adil Mirza for the applicant and learned Additional Public Prosecutor Mr.Raval for the respondent – State.

By way of the present appeal under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, the applicant accused has prayed to release him on regular bail in connection with FIR being C.R.No.11200010230086 of 2023 registered with Valsad Town Police Station, Dist.Valsad for the offences punishable under Sections 376, 406, 420 and 493 of Indian Penal Code and under Sections 3(2)(5) and 3(2)(5-A) of the Atrocities Act.

Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

On the other hand, learned APP appearing for the respondent – State vehemently opposes the application and submit that offence committed by the present applicant is serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) the applicant is in jail since 15.01.2023;

(ii) investigation is over and charge-sheet is filed;

(iii) prima facie this seems to be a case of love affair;

(iv) learned advocate Mr.Mirza for the applicant, upon instructions, states that out of love affair and relationship between the present applicant and original complainant, the complainant has delivered baby girl and baby girl is accepted by all means by the present applicant and even in the birth certificate of the baby girl name of the applicant is written as father of the baby girl;

(v) learned advocate Mr.Mirza that the applicant shall file affidavit within a period of one week after his release to above effect i.e. (iii) that the applicant has accepted the baby girl and the victim in all means;

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.11200010230086 of 2023 registered with Valsad Town Police Station, Dist.Valsad on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 India without prior permission of the Sessions Judge concerned;

[e] furnish latest 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 the trial Court;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

[g] the applicant shall file an affidavit within a period of one week from his release to the effect that he has accepted the victim and the baby girl in all means and in case if such affidavit is not filed within time bound schedule, his release on regular bail shall stand cancelled automatically.

The Authorities 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 issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned 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, learned 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.

Rule is made absolute to the aforesaid extent. Direct service is permitted.