Sahilbhai Manaji Thakor vs State Of Gujarat & Anr

Nikhil S. Kariel, J

Heard learned advocate Mr.Dushyant M. Bhatt appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Jay Mehta appearing on behalf of the respondent-State.

1.1. Learned advocate Mr.Divya Bhatt submits that he has instructions to appear on behalf of the original complainant and that he may be permitted to file his Vakalatnama. Learned advocate has also tendered affidavit of the complainant across the bar, which is taken on record.

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

The applicant has filed 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. 11195007250486/2025 registered with Bhabhar Police Station, Banaskantha for the offence punishable under Sections 64(2)(m), 351(3) of the BNS and Sections 4, 6 of the POCSO Act.

Learned advocate for the applicant and complainant would jointly submit that the parties have settled the matter inter-se and whereas, the FIR had been lodged on account of some misunderstanding and whereas, it is submitted that the complainant done not have any objection if the applicant is released on bail. Learned advocate for the complainant would also submit that the complainant and the prosecutrix are present in the Court and they are identified by learned advocate himself.

As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Considering the submissions made by learned advocates for the respective parties, and also considering that while the prosecutrix is stated to be aged around 16 years and 11 months and the applicant is also stated to be a young boy aged around 21 years, and since it appears that the parties have settled inter-se, this Court is inclined to consider this application.

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 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 F.I.R. registered as C.R. No. 11195007250486/2025 registered with Bhabhar Police Station, Banaskantha, 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 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] 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 residence without prior intimation to the I.O.;

[f] mark presence once a month for a period of six months before the concerned police station.

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 Court 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.