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CR.MA/12012/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12012 of 2010
=======================================================
VIKRAMBHAI
MATHURBHAI KOLI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
PANKAJ K SONI for Applicant(s) : 1,
MR MG NANAVATI APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 22/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet.
The
applicant-accused is charged with having committed offences
under Sections 363, 366, 376 and 114 of the Indian Penal Code, for
which, FIR being I-C.R.No.9/2010 has been lodged at Bhagodra Police
Station.
Learned
counsel, Mr.Soni for the applicant submitted that considering the
nature of offence and as it was love affair, the present application
may be allowed since the chargesheet has been filed.
Learned
A.P.P., Mr.Nanavati resisted the present application and submitted
that the victim was minor aged about 15 years and 8 months and,
therefore, the present application may not be entertained.
In
view of the rival submissions, it is required to be considered
whether the present application can be considered or not.
It
is well accepted that this Court is not required to appreciate and
scrutinize the evidence in detail at this stage for the purpose of
deciding the bail application. However, for considering the
prima-facie case, relevant aspects like nature of offence, manner in
which it is alleged to have been committed, role attributed, age of
the victim, statements, medical evidence etc. are required to be
considered. Therefore, the aspect of consent would be decided with
reference to the age of the victim on the basis of the evidence at
the time of trial. Therefore, without much elaboration, having
considered the rival submissions and other papers, the 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.9/2010
registered with Bhagodra Police Station on his executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) 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) 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.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the trial
commences.
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.)
/patil
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