This Application has been preferred under section 439 CrPC by the applicant, who was arrested in connection with F.I.R. being I-C.R.No. 26 of 2012 registered at Palanpur City Police Station for the offences punishable under Sections 376, 506(2) & 114 IPC.
It is the case of the prosecution that on 20th August, 2011 the complainant had gone to the temple where the applicant came on a motorcycle and both fled away to Unjha. Thereafter, both stayed together at different places and also stayed in the rented house at Gandhinagar. Nearly after six months, on 4th January 2012, the applicant's father had taken both of them to the police station and a complaint came to be filed.
Learned advocate Mr. Yogendra Thakore appearing for the applicant- accused has produced number of letters written by the prosecutrix to the applicant and also agreed that it was the father of the applicant, who had taken the girl to the police station who has denied to go with the parents and therefore sent to the protection home. The chargesheet in the case has been filed. The applicant is the permanent resident of the Palanpur and the certificate to that effect is given by the Palanpur Nagarpalika.
Considering the fact that the girl is 19 years old; when the incident had occurred, and also considering the nature of crime as also the age of the prosecutrix and as also the factum that both of them chose to say together for nearly six months, this Court is inclined to exercise discretionary powers to enlarge applicant on regular bail as there is no possibility for commencement of the trial in the near future and in these circumstances, he would be entitled to be released on regular bail.
On having heard learned advocate for the applicant as well as learned APP Ms. Chetna Shah for the respondent- State and taking into considering the fact, this application is allowed, the applicant-accused is ordered to be released on regular bail on his furnishing personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of 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 to leave Gujarat & India without prior permission of the Sessions Judge concerned;
(e) mark present at the concerned police station on every 5th day of English Calender month between 11:00 a.m. and 3:00 p.m.;
(f) furnish the present address of 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 jail 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 trial Court concerned will be at liberty 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.
For modification and/or deletion of any of the conditions herein above, the applicant will be at liberty to approach the concerned Court and such Court shall decide the applicant for modification and/or deletion of any of the conditions of this order in accordance with law.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Ms.
Sonia Gokani, J.) abv/pt* Top