Manish @ Madhur Ranchodbhai Harijan vs State Of Gujarat

Vipul M. Pancholi, J

Rule. Learned Additional Public Prosecutor waives service 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.I-

230 of 2016 registered with City Police Station, District Vadodara, for offence under Sections 363, 366 and 376(1) of the Indian Penal Code and

Sections 4 and 17 of the POCSO Act.

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.

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 applicant on regular bail.

This Court has considered following aspects,

(a) the applicant is aged about 22 years. He is in Jail since 08.06.2020;

(b) remand period is over and investigation is almost concluded qua the present applicant;

(c) age of the prosecutrix is 17 years and two months;

(d) it is submitted at the relevant point of time, the applicant was aged about 18 years and now he is aged about 22 years;

(d) it is submitted by the learned advocate for the applicant that the prosecutrix left her house voluntarily and stayed with the applicant for a period of

four years and a girl child is also born;

Looking to the facts and circumstances of the present case, I am inclined to consider the case of 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 Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I-230 of

2016 registered with City Police Station, District Vadodara, 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;

[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 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 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.