By way of present successive bail application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with M Case No.01 of 2011 registered with Dhanpur Police Station for the offence under Sections 363, 366, 376 and 114 of the Indian Penal Code.
Heard Mr.H.R. Prajapati, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor for respondent-State.
Mr.Prajapati, learned counsel for the applicant, states that the applicant is innocent and has not committed any offence as alleged. He has contended that the prosecutrix is aged about more than 17 years and was in love with the present applicant. The prosecutrix had left the house with a view to marry with the present applicant. The prosecutrix was stayed with the present applicant for about four months. This shows that this is a clear case of consent. It seems that false statement of the prosecutrix appears to have been taken. He, therefore, contended that looking to the facts of the case and overall circumstances, applicant may kindly be released on bail.
As against this, Mr.H.L. Jani, learned Additional Public Prosecutor, has vehemently opposed the present application and contended that the applicant is involved in a serious offence.
In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant and now the charge-sheet is filed, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with M Case No.01 of 2011 registered with Dhanpur Police Station for the offence alleged against him in this application on his executing a bond of Rs.10,000/- (Rupees ten 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
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 the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week.
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 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 is made absolute to the aforesaid extent.
Direct Service is Permitted.
(Z.
K. Saiyed, J) Anup Top