Surajbhai Alias Suresh Haribhai Chauhan vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Shri Ankit Bachani for the applicant, learned APP Ms. Maithili D. Mehta for respondent no.1-State and learned Advocate

Shri Saurabh Chande for respondent no.2- original complainant.

By way of this application the applicant seeks for being released on regular bail under Section 439 of the Code of Criminal Procedure, 1973 on

account of his arrest in connection with the Criminal Complaint being FIR No. I-C.R. No. 11195034200003 of 2020 registered with Palanpur East

Police Station, District: Banaskantha for the offences punishable under Sections 363, 366, 376(2)(N) of the Indian Penal Code and Sections 4, 5(L) of

the Protection of Children from Sexual Offences Act(POCSO).

It is submitted by learned Advocate for the applicant that the entire complaint has arisen on account of of immature decision on part of the present

applicant as well as the prosecutrix who had decided to elope with each other. It is submitted by learned Advocate for the applicant who was aged

around 19 years at the time when the offence was committed had love affair with the victim who was around 15 years of age when the complaint had

been filed and whereas on account of young age without realizing the consequence of their action, they had taken such action which has resulted in

the present complaint. He submits that this Court may exercise its discretion and release the applicant on regular bail.

Learned APP has submitted that while it is contended that victim may give her consent but since the victim was aged less than 18 years therefore

her consent would not be a valid consent in the eye of law. She further submits that considering the age of the victim, this Court may not exercise

discretion in favour of the applicant.

Learned Advocate Shri Saurabh Chande on behalf of the original complainant submits that during the pendency of the present application, the

parties have with intervention of elderly friends and relatives settled the issue and that this Court may pass appropriate orders in that regard.

Learned Advocates for the parties do not seek any further reasoned order.

I have heard learned Advocates for the respective parties and perused the papers. Following aspects are considered:

(1) The age of the applicant when the complaint had been preferred,

(2) The fact that there was love affair between the applicant and the victim and

(3) the fact that the applicant is in custody since 03.02.2020.

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 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 regular bail in connection with Criminal Complaint being FIR

No. I-C.R. No. 11195034200003 of 2020 registered with Palanpur East Police Station, District: 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 his passport, if any, to the lower court within a week;

(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

(e) mark presence in the concerned Police Station on every Monday of each English Calendar month for a period of six months and thereafter any

day of the first weeks 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 along with the proof to the Investigating Officer concerned and also to the trial court at the time of

execution of the bond and shall indicate change of residential address if any to the trial court.

The Competent Authority 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.

12 At the stage of trial, the Trial Court shall not be influenced by the 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 bail. Rule made absolute to the aforesaid extent.

Direct service through electronic mode is permitted.