Kanjibhai Vitthalbhai Zanzwadiya vs State Of Gujarat

Nikhil S. Kariel, J

Learned Advocate Ms. Pooja D. Baswal would submit that she has instructions to appear on behalf of the respondent No.2-first informant and she seeks permission to file her Vakalatnama. Permission is granted.

Heard learned Advocate Mr. Jaydeep Sindhi appearing on behalf of the appellant, learned APP Mr.Dabhi for the respondent State and learned Advocate Ms. Pooja D. Baswal for the respondent No.2- first informant.

This appeal is filed by the appellant, under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Section 439 of the Code of Criminal Procedure, 1973, for being released on regular bail in connection with F.I.R. registered as C.R. No.11821025220037 of 2022 on 31.01.2022 with Katvara Police Station, District Dahod, for the offences punishable under Sections 363, 366 and 376(N) of the Indian Penal Code, Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Sections 3(2), 5, 3(2)(5-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned Advocate Mr. Jaydeep Sindhi for the appellant would submit that the appellant is innocent boy aged about 21 years, however he has been falsely implicated in the alleged offences. Learned Advocate Mr.Sindhi would submit that there is no role played by the appellant in the alleged offence and he has been in jail since 10.02.2022. Learned Advocate Mr.Parimal, therefore, would request that this Court may be pleased to release the appellant on regular bail.

Learned APP Mr.Dabhi appearing for the respondent State has opposed grant of regular bail looking to the nature and gravity of offence.

This Court, having considered the submissions made by learned Advocates for the parties and having considered the documents on record, has considered the following relevant aspects:-

(1) It appears that the applicant and the prosecutrix were having a love affair.

(2) It also appears that while the age of the prosecutrix at the relevant point of time was around 16 years and 01 month, the fact of the applicant also being aged around 21 years has to be taken into consideration.

(3) That the applicant is stated to have no criminal antecedents and he is stated to be in custody since 10.02.2022.

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.

In the facts and circumstances of the case and considering the nature of the allegations made against 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.

Hence, the present appeal is allowed. The appellant is ordered to be released on bail in connection with F.I.R. registered as C.R. No.11821025220037 of 2022 on 31.01.2022 with Katvara Police Station, District Dahod,, on executing a 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 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] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the Investigating Officer concerned.

[f] mark his presence at the concerned Police Station once in a month for a period of three months.

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.

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 stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the appellant for being released on regular bail.

The appeal is allowed in the aforesaid terms. Direct service is permitted.