ANILBHAI DINESHBHAI RATHODIYA v. STATE OF GUJARAT
Court: High Court of Gujarat
Bench: HONOURABLE MR. JUSTICE A.G.URAIZEE
Judgment date:
Case summary
High Court of Gujarat judgment dated 2020-12-21. ANILBHAI DINESHBHAI RATHODIYA v. STATE OF GUJARAT. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION NO. 19473 of 2020 ========================================================== ANILBHAI DINESHBHAI RATHODIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR RUCHIT J VYAS(10687) for the Applicant(s) No. 1 MR HARDIK SONI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE A. G. URAIZEE Date : 21/12/2020 ORAL ORDER 1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat. 2. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant__ for regular bail in connection with an FIR being C. R. No. 11197034201245 of 2020 registered with Padra Police Station, District : Vadodara for the offences under Sections 363, 366 and 376(2) (N) and 114 etc.
of of the Indian Penal Code and under Sections 4, 5(L), 6 and 17 of the POCSO ACO. 3. Mr. Vyas, learned advocate appearing for the applicant, submits that investigation is over and charge sheet is filed. He submits that there was love affairs between the applicant and the victim. He further submits that the applicant has stated the history before the medical officer that there was a consensual physical relationship between her and the applicant. He, therefore, submits that considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions. 4. Mr. Hardik Soni, learned Additional Public Prosecutor appearing on behalf of the respondent-State, has opposed grant of regular bail. He submits that the victim was around 16 years and 11 months at the time of incident. He submits that the if the applicant is released on regular bail, the applicant is likely to tamper with the prosecution evidence.
He, therefore, submits that looking to the gravity of the offence, the applicant may not be released on bail. However, he submits that if the Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case. 5. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 6. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that without expressing opinion on merits and arguments canvassed by the learned advocates on either side this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C. R. No.
11197034201245 of 2020 registered with Padra Police Station, District : Vadodara on executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant 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 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 before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a. m. and 2:00 p. m. ; [f] shall not enter the village Mangrol, Taluka Taluka Aamod, District Bharuch till 31 May, 2021.
[g] furnish latest and permanent address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; 7. The Authorities 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 learned 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. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. 8. Rule is made absolute to the aforesaid extent.
Registry is directed to send the copy of the order through email or Fax to the concerned trial Court. (A. G. URAIZEE, J) NAIR SMITA V.
Source: High Court of Gujarat. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.