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CR.MA/10188/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10188 of 2010
=========================================================
JITENDRAKUMAR
@ PAPPU KANTILAL GOPAT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
RJ GOSWAMI for
Applicant(s) : 1,
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 20/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C.
2. The
applicant accused is charged with having committed offences under
Sections 363, 366, 376 of the Indian Penal Code for which F.I.R.
being CR No.I-63/2010 has been registered with Bhiloda Police
Station, District: Sabarkantha.
3. Learned
Advocate Mr. R.J.Goswami referred to the FIR and submitted that it
was a case of love affair where the victim voluntarily accompanied
the accused. He submitted that the victim is aged about more than 16
years and therefore present application may be allowed.
4. Learned
APP Ms. Nair resisted the application and submitted that the
charge-sheet is not filed and the victim is aged about 16 years and 3
months and therefore present application may not be entertained.
4. In
view of the rival submissions, it is required to be considered
whether the present application can be entertained or not.
5. It is
well accepted that at this stage, the Court is not required to
appreciate and scrutinize the evidence in detail. However, for
considering the prima facie case, nature of offence, the manner in
which it is alleged to have been committed, the role attributed,
statement of victim, medical evidence and age are the relevant
factors. The aspect of consent can be decided with reference to the
age of the victim on the basis of evidence at the trial Court.
Therefore, without further elaboration, considering the manner in
which the offence is alleged to have been committed, the
present application deserves to be allowed subject to the conditions
hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being CR
No.I-63/2010 registered with Bhiloda Police Station, District:
Sabarkantha, on his executing a 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 with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the charge-sheet is filed.
(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.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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