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Jayraj vs State

High Court Of Gujarat|13 June, 2012

JUDGMENT / ORDER

1. Rule.
Mr. M. G. Nanavati, learned APP waives service of Rule on behalf of the respondent-state.
2. The instant application is filed under Section 439 of Code of Criminal Procedure seeking regular bail in connection with Bhesan Police Station CR No.I-26/2011 regarding offences punishable under sections 363, 366 and 376 read with section 114 of the Indian Penal Code.
3. Mr.
R. D. Dave, learned counsel for the applicant, at the outset submitted that in the instant matter the investigation is over and chargesheet is filed. He drew my attention to the statement of prosecutrix before police (Annexure-C) and submitted that at the relevant time she was not under 16 years of age and considering her statement before police as a whole, prima facie this is a case of love affair and as a matter of fact both prosecutrix and the accused decided to leave their own home and lived together practically for about three months. It is further submitted that the applicant- accused is aged about 25 years and is unmarried.
4. Mr.
M.G.Nanavat, learned APP for the respondent-state opposed this application.
5. Having considered the submissions advanced on behalf of both the sides, so also considering the copy of statement of the prosecutrix (Annexure-C), prima facie it transpires that at the time of incident, she was not under 16 years of age and further prima facie it transpires that prosecutrix and the accused mutually decided to leave their own home and they stayed together for about three months. It is further clear that in the instant matter the investigation is over and the chargesheet is filed. It would not be just and proper for this court to go deep into the merits of the matter, but suffice it to say that taking into consideration the statement of the prosecutrix before the police and other relevant material, this Court is of the opinion that the discretionary powers vested in this Court under Section 439 of the Code of Criminal Procedure, is required to be exercised.
6. Learned counsel for the parties do not press for further reasoned order.
7. 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 at CR No.I-26 of 2011 with Bhesan Police Station, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one 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 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 residence to the I.O. 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;
8. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
9. If breach of any of the above conditions is committed, the Trial Judge concerned will be free to issue warrant or take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
12. 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.
13. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.Upadhyaya, J.) cmj/ Top
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Title

Jayraj vs State

Court

High Court Of Gujarat

JudgmentDate
13 June, 2012