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CR.MA/13280/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13280 of 2010
=======================================================
RAJVIR
ALIAS RAKESH NATVARBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
SALIM M SAIYED for Applicant(s) : 1,
MR DC SEJPAL APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 26/11/2010
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, 342, 323, 324, 506(1), 294(kh), 406,
420 and 114 of the Indian Penal Code, for which, FIR being
I-C.R.No.212/2010 has been lodged at Naroda Police Station.
Learned
counsel, Mr.Saiyed for the applicant submitted that the present
application is a successive bail application and earlier application
being Criminal Misc. Application No.11514/2010 was withdrawn as the
chargesheet was filed and, therefore, the present application has
been filed after it has been rejected by the Sessions Court. He
further submitted that while giving history before the doctor, which
is annexed as Annexure-D at Page No.21, the victim has stated about
the affairs and having married, for which, certificate is also
produced at Page No.23 and there is also affidavit. He, therefore,
submitted that the present application may be allowed.
Learned
A.P.P., Mr.Sejpal resisted the present application and submitted
that the injury certificate clearly suggests that on 18.05.2010 how
she was treated, which was found in the injury certificate. He
further submitted that though this statement has been given
subsequently, she has changed her version and, therefore, it may not
be ruled out that under the pressure, such statement/history may
have been given before the doctor.
In
view of the 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 the evidence in detail. However, for considering the
prima-facie case, relevant aspects like nature/gravity of the
offence, manner in which it is alleged to have been committed, role
attributed, statement of the victim, injury certificate, medical
evidence etc. are relevant. In the facts of the present case, as it
transpires from the history given by the victim stating in the
injury certificate, she has stated about having married and having
affair and at the same time, as rightly submitted by learned A.P.P.
that it also mentions about the injury caused to her immediately
after the married on 18.05.2010, which is also mentioned. Moreover,
she is married and she is admittedly major. Therefore, though
prima-facie case is suggested for the purpose of deciding the bail
application, having regard to the guidelines for the grant of bail,
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.212/2010
registered with Naroda 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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