Khimjibhai Jamanbhai Vaghona vs State Of Gujarat

A.Y. Kogje, J

RULE. Learned APP Mr.L.B.Dabhi waives service of Rule on behalf of the respondent State. Learned Advocate Mr.Dhaval Kansara appears for

the original complainant. He is permitted to file appearance.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR

No.302 of 2012 registered with City 'B' Division Police Station, Jamnagar for offence under Sections 363, 366 and 376 of the Indian Penal Code.

Learned Advocate 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 APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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. Following aspects are considered:-

I. The FIR is registered on 08.07.2012 for the offence which is alleged to have taken place on 30.06.2012.

II. The applicant is in jail since 27.11.2020.

III. Investigation is concluded as remand period is over.

IV. The offence is of 2012, where the applicant has been arrested on 27.11.2020. During this period, the applicant and the prosecutrix have resided as

husband and wife and one child is born out of the relationship.

V. Learned Advocate Mr.Dhaval Kansara for the prosecutrix drew attention of this Court to Annexure-D â€" affidavit of the victim indicating that

the applicant and the prosecutrix have married and are residing at husband and wife and she has no objection to grant of bail. Learned Advocate

further states that as wife of the applicant had expired, two children of the previous marriage are also under the care of the prosecutrix.

VI. No antecedents are reported.

VII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

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.

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. The applicant is ordered to be released on regular bail in connection with FIR being I-CR No.302 of 2012

registered with City 'B' Division Police Station, Jamnagar, on executing a personal 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 injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief

with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial 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.

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