Shaileshbhai @ Bhuriyo Bharatbhai Sodha Parmar vs State Of Gujarat

Umesh A. Trivedi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No. 11204041220868 of 2022 registered with Mehamdavad Police Station, District: Kheda, for offence under Sections 363, 366, 376(2)(n) and 114 of the Indian Penal Code (hereinafter referred to as “IPC”, in short) and Sections 3(A), 4, 5(L) and 18 of The Protection of Children from Sexual Offences Act, 2012. (hereinafter referred to as “POCSO Act”, in short)

Mr. Keval G. Brahmbhatt, learned advocate appearing on behalf of the applicant, submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned APP Ms. Shruti S. Pathak, appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Following aspects are considered:-

(i) Though Rule is made returnable today, vide order dated 14.02.2023, Investigating Officer is not present with the papers of investigation.

(ii) The applicant – accused is aged about 22 years, whereas victim is aged about 16 years 11 months and 24 days on the date of incident.

(iii) As coming out from the papers of investigation and the statement provided by the learned advocate for the applicant, of the victim, it appears that they are in relationship since last about 2 years.

(iv) Applicant as also the victim stayed together for a period of nearly 45 days and moved from place to place and no hue or cry is ever raised by the victim either for help or for anything. Though in her statement, victim has stated about physical relations against her wish, the applicant – accused can be suitably proceeded with on conclusion of trial, if at all evidence in that form is led before the Court. However, considering the age of victim as also the applicant and their relations, I deem it fit to release the applicant on bail.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. 11204041220868 of 2022 registered with Mehamdavad Police Station, District: Kheda, 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] 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 this Court;

[f] not to enter the revenue limits of Village Vidhyanagar, where victim is residing, till her deposition is over before the Court.

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 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.

At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted.