Kamleshbhai @ Kamo Balwantbhai Pagi vs State Of Gujarat

Divyesh A. Joshi, J

Rule. Learned APP waives service of notice of Rule for and on behalf of respondent – State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regularbailinconnectionwith C.R.No.11207061230974 of 2023 registered with Shahera Police Station, District Panchmahal for the offence punishable under Sections 363, 366, 376(3) and 114 of the Indian Penal Code and Sections 4 and 12 of the POCSO Act.

Learned advocate Mr. Charkha 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. It is submitted that applicant has been arrested on 23.11.2023 and since then he is in judicial custody. It is further submitted that investigation is already concluded and present application is filed after submission of charge-sheet. It is further submitted that the age of the applicant was 18 years and he was unmarried at the time of incident. It is further submitted that during the course of investigation, statement of the victim girl was recorded by the investigating officer which clearly goes on to show that applicant accused has eloped with the victim girl at the instance of the victim. Thus, considering the above stated factual aspects as well as role attributed to the applicant accused at the time of commission of crime, he may be enlarged on bail by imposing suitable terms and condition.

Learned APP Mr. Ronak Raval appearing on behalf of the respondent-State has objected grant of regular bail looking to the nature and gravity of the offence and submitted that considering the totality of the facts, bail application of the applicant may not be considered.

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 and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record that applicant is arrested on 23.11.2023 and since then he is in judicial custody. The investigation is already concluded and charge-sheet is also filed. It is also found out from the record that applicant was 18 years old and he was unmarried when the incident took place. The investigating officer has also recorded the statement of the victim girl, wherein, she has in very categoric terms, stated that applicant accused has eloped with the victim girl at the instance of the victim girl. Thus, considering the aforesaid factual aspects of the matter and role played by the applicant at the time of commission of crime, I am inclined to consider this application.

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.11207061230974 of 2023 registered with Shahera Police Station, District Panchmahal, 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. Rule is made absolute. Direct service is permitted.