Ashwinbhai Ramabhai Vankar vs State Of Gujarat

Dr. A. P. Thaker, J

[1] Heard learned advocates appearing on both sides through video conferencing.

[2] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR

being C.R.No.I-23/2013 registered with Devgadh Baria Police Station, District:Dahod for the offences under Sections 363, 366, 376 (N) of the Indian

Penal Code and Sections 4 and 6 of the POCSO Act, 2012.

[3] Learned advocate for the applicant submits that considering the fact that the dispute is settled and the applicant has married with prosecutrix and

they have four children out of wedlock, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and

gravity of the offence.

[5] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do

not invite reasoned order. The Court has considered following aspects:-

(i) Dispute is settled between the parties;

(ii) the applicant has married with prosecutrix and they are living together;

(iii) they are having four children out of wedlock.

[6] In the facts and circumstances of the case and considering aforesaid facts, I am of the opinion that this is a fit case to exercise the discretion and

enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection

with an FIR being C.R.No.I- 23/2013 registered with Devgadh Baria Police Station, District:Dahod on executing a personal bond of Rs.10,000/-

(Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the

applicant 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 before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter,

alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;

[f] furnish latest and permanent 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;

[7] 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any

of the above conditions, in accordance with law. At the trial, learned 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.

[8] Rule is made absolute to the aforesaid extent. Registry is directed to serve this order to the concerned authority through e- mail/fax or any other

electronic mode.