This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.133/2011 with Bavla Police Station, Ahmedabad for the offences punishable under Sections 363, 366, 376 and 114 of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that the chargesheet is filed and at the time of the incident, the victim was aged 15 years but had not completed 16 years of age; the applicant was then 20 years old and was studying in Standard XII. Both the applicant and the victim were in a love affair. Learned Advocate for the applicant has taken this Court through the Certificate issued by the Community Health Centre, Bavla, Ahmedabad wherein the victim has reiterated that the applicant and the victim were in a love affair and had voluntarily gone with the applicant. In view of the above, it is submitted that the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State.
Having heard learned Counsels for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.
Learned Counsels for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.133/2011 with Bavla Police Station, Ahmedabad, on executing a bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that he 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 his 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 at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
f) furnish the present 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 the residence without prior permission of this Court;
The authorities will release the applicant only if 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 lower court having jurisdiction to try the case.
At the trial, the 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.
Rule made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top