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CR.MA/11861/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11861 of
2010
=========================================================
PINTUJI
RAMANJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN B RAVAL for
Applicant(s) : 1,
MS MINI NAIR APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date : 27/10/2010
ORAL ORDER
Present
application has been filed by the applicant for grant of regular
bail under section 439 of Code of Criminal Procedure, 1973, after
the charge sheet is filed.
The
applicant is charged with having committed offence sections 363,
366, 376, 379 and 114 of Indian Penal Code for which F.I.R. being
I-C.R.No.13 of 2010 has been registered with Mansa Police Station.
Learned
advocate Mr.Chetan B. Raval for the applicant accused referred to
the First Information Report and submitted that it is a case of an
affair and victim had voluntarily accompanied and had moved from
place to place. He further submitted that as charge sheet has been
filed, present application may be allowed.
Ms.Mini
Nair, learned Additional Public Prosecutor resisted the application
and submitted that the date of birth of victim is 01.06.1995 and she
was aged about 14 years and 10 months. She, therefore, submitted
that consent would not be relevant. Therefore, she submitted that
present application may not be entertained.
In
view of rival submissions, it is required to be considered whether
the present application can be entertained or not.
It
is well accepted that this Court is not required to appreciate and
scrutinize evidence in detail at this stage. However, for
considering prima facie case,
relevant factors like nature of offence, manner in which it is
alleged to have been committed, role attributed, age of victim,
medical evidence etc. are required to be considered. Therefore,
without any further elaboration, when consent would be decided with
reference to the age of victim on the basis of evidence at the
trial, in view of rival submissions and considering the papers,
present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.13 of 2010 has
been registered with Mansa Police Station on his executing bond of
Rs.5,000/- (Rupees Five Thousand) with one solvent surety of the
like amount to the satisfaction of the lower Court and subject to
the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of English calender month between 11:00 AM to 2:00 PM till the trial
commences.
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit/-
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