Patel Vinodbhai Chamanbhai vs State Of Gujarat

Ilesh J. Vora, J

Heard learned advocate for the applicant and learned APP for the respondent – State.

Rule. Learned APP waives service of notice of rule for and on behalf of respondent – State.

The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R.No. 11206074210932 of 2021 registered with Vijapur Police Station, Dist. Mehsana for the offence punishable under Sections 376(1), 365, 406 & 114 of the Indian Penal Code.

It is the submission of learned counsel for the applicant that he is suffering confinement since 27.11.2021. Hence, further detention of the applicant is unwarranted.

Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicants.

Having carefully scrutinized the contents of the FIR as well as material placed on record in the form of Chargesheet, prima faice, it appears that there was consensual relationship between the applicant herein and the victim. Since 2018, the applicant and victim were relationship, and also, living together for considerable period. Learned advocate for the applicant has stated that there is no criminal antecedents to the discredit of the applicant herein. The prosecution has not pointed out that further custody of the applicant is necessary. There is no serious contention that, the accused if released on bail, would interfere with the trial or tamper with the evidence. The investigation is completed and chargesheet is filed. In this background of the facts, without expressing anything on the merits of the case, this Court is inclined to enlarge the applicant herein on regular bail.

Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No. 11206074210932 of 2021 registered with Vijapur Police Station, Dist. Mehsana on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

No.

Conditions

(a)

not take undue advantage of liberty or misuse liberty;

(b)

not act in a manner injuries to the interest of the prosecution;

(c)

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

(d)

not leave India without prior permission of the Sessions Judge concerned;

(e)

furnish latest 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 trial Court;

The authorities shall release the applicant if he is not required in connection with the any other offences. If breach of any above condition is committed, the learned Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Rule is made absolute to the aforesaid extent.

Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Registry to send a copy of this order to the concerned Jail Authority as well as learned Sessions Court forthwith through fax and e-mail. Direct service is permitted.