Mohit @ Sonu @ Chunno Chunnalal Chhotelal vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Shri D.H. Kanthariya for the applicant and learned APP Ms. Moxa Thakkar for the respondent- State.

By way of this application the applicant prays for being released on regular bail under Section 439 of the Code of Criminal Procedure, 1973 on

account of his arrest in connection with the Criminal Complaint being FIR No. C.R. No. Part A- 11822022200039 of 2020 registered with Vijalpor

Police Station, Navsari on 10.01.2020 for the offences punishable under Sections 363, 366, 376(2)(J) (N) of the Indian Penal Code and Sections 5(L)

and 6 of the Protection of Children from Sexual Offences Act(POCSO).

It is submitted by learned Advocate Shri Kanthariya that the applicant as well as the prosecutrix/victim were having love affair and whereas both of

them were of young age namely the prosecutrix/victim being aged around 17 years at the time of offence and the present applicant being aged around

21 years at the time of offence. He further submits that the applicant and the victim had exchanged garlands and whereas the learned Advocate has

no instruction as to whether the said exchange was registered as marriage or not. He further submits that at the relevant point of time the

prosecutrix/victim had gone along with the present applicant on her own accord and more particularly looking to the age of the applicant as well as the

fact that the applicant is in custody since 12.01.2020, this Court may exercise its discretion and release the applicant on regular bail.

As against the same learned APP strongly objects to grant of bail to the present applicant by submitting that since the victim/prosecutrix was less

than 18 years of age at the relevant point of time therefore her consent would not be a valid consent in the eyes of law. She further submits that

allegations levelled against the applicant are quite serious and therefore no indulgence deserves to be shown to the applicant by this Court.

Considering the fact this this is an application for regular bail, learned Advocates for the parties do not seek any further reasoned order.

I have heard learned Advocates for the respective parties and perused the papers. Following aspects are considered:

(1) The age of the applicant;

(2) The fact that the applicant and victim/prosecutrix were having love affair and

(3) the fact that the applicant is in custody since 12.01.2020.

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 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 applicant on regular bail.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with Criminal Complaint being FIR

No. C.R. No. Part A- 11822022200039 of 2020 registered with Vijalpor Police Station, Navsari 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 injurious to the interest of the prosecution;

(c) surrender his 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 in the concerned Police Station on every Monday of each English Calendar month for a period of six months and thereafter any

day of the first weeks 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 along with the proof to the Investigating Officer concerned and also to the trial court at the time of

execution of the bond and shall indicate change of residential address if any to the trial court.

The Competent Authority 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.

11 At the stage of trial, the Trial Court shall not be influenced by the observations of this Court which are of preliminary nature made at this stage only

for the purpose of considering the application of the applicant for being released on bail. Rule made absolute to the aforesaid extent.

Direct service through electronic mode is permitted.