Mukeshbhai Talaji Thakor (Lodna) vs State Of Gujarat & Anr

Nikhil S. Kariel, J

Heard learned Advocate Mr. Dipen Chaudhari on behalf of the applicant, learned Additional Public Prosecutor Mr. Mr. Manan Maheta for the respondent-State and learned Advocate Mr. Apurva K. Jani on behalf of respondent no. 2.

Rule. Learned APP waives service of rule on behalf of the respondent-State.

The present applicant who has been arraigned as an accused has preferred this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11195035241084 of 2024 registered with Palanpur Taluka Police Station, District: Banaskantha for the offence punishable under Sections 137(2), 87, 65(1) of the Bhartiya Nyaya Sanhita 2023 and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 after filing of the charge-sheet.

Learned Advocate for the applicant submits that the investigation is over and the charge-sheet is filed. It is further submitted that the applicant is behind bar since 11.05.2025. It is submitted that considering the age of the present applicant, this Court may release the applicant on regular bail. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

The present application is vehemently objected to by learned Additional Public Prosecutor by submitting that looking to the nature of offence, role attributed to the present applicant and since the charge-sheet has been filed and at the time of the offence the age of the prosecutrix was less than 16 years, this Court may not interfere at this stage.

This Court has heard learned Advocates for the respective parties and perused the FIR as well as passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court.

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.

This Court has also considered the following aspects:

(i) While the age of the prosecutrix at the time of the incident was stated to be 15 years and 2 months approximately, the age of the applicant at the time of incident being around 24 years could not be ignored.

(ii) It also appears that the applicant and the prosecutrix had eloped together and whereas it also appears that they had stayed together for substantially long period of time.

(iii) It also appears that initially upon being arrested, the prosecutrix, was not ready to accompany her parents and had stayed in the Nari Gruh for substantial period of time and whereas it appears that as of now the prosecutrix has returned back to her parental home. The above observations just to support the observation that the parties, were having a love affair. It also appears that the applicant, may have been forced by the prosecutrix more particularly the prosecutrix herself admitting to the fact that she had been marrying out to a another person by her father when she was around 14 years old and whereas she wanted to marry the present applicant.

(iv) While the trial is stated to have commence yet having regard to the age of the present applicant and having regard to the genesis of the incident, this Court is inclined albeit after imposing appropriate conditions.

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 applicant on regular bail.

Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11195035241084 of 2024 registered with Palanpur Taluka Police Station, District: Banaskantha on executing a bond of Rs.25,000/- (Rupees Twenty Fiver 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 State of Gujarat without prior permission of the Sessions Court concerned;

[e] not to enter Palanpur City except for the purpose of attending the trial, which the applicant shall do regularly.

[f] Mark his presence at the concerned Police Station once in a month till the trial is over.

[g] 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 residential address without prior intimation to the I.O.

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 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 applicant for being released on regular bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.