1. Learned counsel appearing for the applicant submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 29.3.2012.
2. Heard learned APP for the respondent - State and learned advocate Mr.Dagli for the complainant.
3. It is vehemently argued by learned advocate Mr.Dagli that from the beginning the accused tried to mislead the Court and initially he obtained the order of anticipatory bail and then it was cancelled and as the victim was in his custody, the victim did not disclose the true facts before the police and subsequently she disclosed real facts before the Investigating Officer and prima facie it is found that rape was committed with the victim girl. It is also submitted by him that victim was below 16 years old and therefore there is no question of considering whether she is consenting party or not.
4. This Court has gone through the medical certificate wherein she has stated before the doctor that in past also, intercourse took place between the accused and the victim. No doubt she was below 16 years old but she is likely to complete 16 years. The accused is 23 years old.
5. Having heard learned counsel 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 accused, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-421 of 2011 of Malaviyanagar Police Station, District Rajkot City for the offences punishable under sections 363, 366, 114 and 376 of Indian Penal Code, on furnishing bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for four months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
[h] he shall not enter in Rajkot City for six months except for marking presence and attending the trial.
6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
7. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
8. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top