Ranjitbhai Parshottambhai OAD vs State Of Gujarat

Ashutosh J. Shastri, J

Present appeal is filed under Section 14(A)(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989) for seeking

regular bail in connection with the FIR, being C.R. No.I-91 of 2016 registered with Prantij Police Station, Sabarkantha for the offences punishable

under Sections 376, 363, 366, 506(2) and 114 of the Indian Penal Code, read with Section 3(i), 3(XI) of the Prevention of Atrocities Act read with

Section 11(iv)(vi), 17 of the Protection of Children from Sexual Offences and Harassment Act (POCSO Act).

In this appeal, originally, the Court was pleased to issue notice on 19.6.2020 and later on, vide order dated 7.7.2020, the complainant was ordered to

be joined and draft amendment in the cause title was permitted to be carried out and upon newly added party, notice was issued. Subsequently, on

20.7.20210, when the matter had come up on board for hearing, an attention was drawn that returnable date was required to be extended and

accordingly, the same was extended upto 28.7.2020. Vide order darted 28.7.2020, the respondent No.2 was also permitted to serve through electronic

mode and then on 4.8.2020, when the matter again came up for consideration, it was brought to the notice of the Court that though served, the

respondent No.2- complainant has chosen not to appear. Hence, as a last chance, time was granted and the matter was kept on 13.8.2020. Today,

when the matter is taken up for hearing, neither the respondent No.2 nor any learned advocate representing him has appeared in the hearing on video

conference and as such, under this set of circumstance, the matter was taken up for hearing.

Learned advocate Mr. Hemant Makwana appearing on behalf of the appellant has submitted that the appellant is not guilty of any offence, he is an

innocent person and on account of love and affection, both have decided to marry but that action of the appellant and the victim was made the subject

matter of the complaint. Mr. Makwana has submitted that out of their relationship, two children have been born; one daughter named Puja and another

daughter named Aarti. In fact, the appellant has not committed any offence as alleged and in respect of the age, there is a serious discrepancy but

since the same is the matter of trial, at this stage, without expressing anything on such, at least, the appellant be released on regular bail. Aforesaid

children have been born on 28.12.2018 and 9.10.2019. The appellant in the present situation is languishing in jail since November 2019 and his

presence is very much needed in his family. It has been submitted that, now the charge-sheet has already been submitted and if the appellant is

released on bail, there is no likelihood of any prejudice to the case of the prosecution and the appellant is ready and willing to abide by any of the

conditions which this Court deems fit to impose. It has further been submitted that learned Trial Court which has not examined the aforesaid aspects

and has adopted too technical approach and as a result of this, by imposing suitable conditions, the appellant may be enlarged on bail.

As against the aforesaid submissions, learned APP Mr. J.K. Shah has submitted that it is not in dispute that both were in love and affection and out

of their relationship, two children have been born, as indicated above, and when they were nabbed, the appellant appears to have been working in

manual labour work. It is on account of the age factor and upon the insistence of the complainant, the applicant was arrested. From the report

submitted by the Deputy Police Superintendent, SC/ST Cell, Himmatnagar, District Sabarkantha, no medical examination appears to have been

undertaken and as such, considering the fact that two children have been born out of their relationship, Mr. Shah has left the matter to the discretion of

this Court since the appellant is in jail right from November 2019.

Having heard learned advocates appearing for the parties and having gone through the material on record, particularly the remarks which were

submitted by the Deputy Superintendent of Police, SC/ST Cell, Himmatnagar, District Sabarkantha, the Court is inclined to consider the request of the

appellant since undisputedly, out of their relationship, two daughters have been born and further, there is no medical examination appears to have been

undertaken of the victim and further Jyotsanaben, daughter of the complainant, has already expressed her wish to go with the parents of the present

appellant. Hence, the case is made out for at least release on regular bail.

Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R. No.I-91 of 2016

registered with Prantij Police Station, Sabarkantha on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 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 appellant 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 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 is clarified that

the Court below shall not be influenced by any of the observation made in this order during the trial.

Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.