Laljibhai Khodabhai Rathod vs State Of Gujarat

Niral R. Mehta, J

Rule. Learned Additional Public Prosecutor Mr.J.K. Shah waives service of notice of Rule on behalf of the respondent-State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.11213015220533 of 2022 registered with Gondal City Police Station, District – Rajkot Rural for offence under Sections 376(2)(N) and 114 of the Indian Penal Code.

Learned advocate appearing on behalf of the applicants submit that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

Learned Additional Public Prosecutor 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.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.

This Court has considered following aspects,

(a) The applicants are in jail since 09th April, 2022;

(b) Considering the version of F.I.R., prima facie, it appears that the victim girl is in love affair with accused No.1;

(c) Role attributed to the present applicants, at the most, is that of abetter;

(d) Victim girl is also married and aged 19 years;

(e) No allegation in the F.I.R. against the present applicants about any sexual harassment;

(f) Prima facie, it appears that the present applicants being father and brother of the main accused, have been roped in the F.I.R.

In the facts and circumstances of the present case and considering the role attributed to the applicants and the allegations levelled against them, the case of the applicants deserves consideration and, therefore, I am inclined to consider the case of the applicants.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being C.R.No.11213015220533 of 2022 registered with Gondal City Police Station, District – Rajkot on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day 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 the concerned trial court;

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if they are 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 prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.