By way of present 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 CR No.I-21 of 2011 registered with Mandvi Police Station, for the offence punishable under Sections 363, 366 and 376 of IPC.
Heard learned counsel for the applicant, Mr.Jayesh A.Dave and Ms.C.M.Shah, learned Additional Public Prosecutor for respondent-State.
The complaint has been lodged by the victim herself stating that when she was in house and when her parents were taking dinner, she came out of the house and it is alleged that she was kidnapped by the applicant. It is also stated that she stayed with the applicant for two days at different places.
It is submitted by learned counsel for the applicant that the victim is seventeen and half years and is in love with the applicant and she was consenting party and it is with the consent of the applicant, they stayed together for two days.
In the facts and circumstances of the case and considering the age of the victim and also considering the manner in which the incident is narrated in the complaint, 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 CR No.I-21 of 2011 registered with Mandvi 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 with documentary proof of residence 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.
If the breach of any of the above conditions is committed, the concerned Court 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. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Top