Chaturbhai Bhagvanijibhai Bhadja vs State Of Gujarat

Umesh A. Trivedi, J

Mr. Darshan Dave, learned advocate has instructions to appear on behalf of respondent no.2 and he assures to file appearance on behalf of respondent no.2 - first informant today itself.

He tenders affidavit affirmed by the first informant dated 02.12.2021 wherein she discloses that the matter is settled between the parties and if the appellant is released on bail she has no objection. The said affidavit is taken on record. The first informant - respondent no.2, is present in the Court and duly identified by learned advocate for respondent no.2.

This Appeal under Section 14 A is preferred by the appellant praying for regular bail in connection with an offence registered at C.R.No.11202002212235 of 2021 with City C Divison Police Station, Jamnagar for the offences punishable under Sections 376(1) and 506(2) of the Indian Penal Code as also under Sections 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 (hereinafter referred to as 'the Act').

Heard learned advocates for the appearing parties.

The first informant is aged 31 years married and having children. She claims that because of dispute with her husband she had joined the company of Neetaben Babubhai. It appears from the First Information Report that the first informant is staying with one Neetaben Babubhai since last 15 days and on her recommendation she got some domestic work in the factory premises of the present appellant pursuant to the ensuing diwali days. Without delving deep into the allegations levelled and the conduct of the first informant as also Neetaben with whom she is residing, when the first informant has filed affidavit declaring the matter is settled between the parties, she does not wish to proceed further with the proceedings, and therefore, I see no reason to refuse regular bail.

The present appellant is in custody since 23.10.2021. Hence, the present appellant is directed to be released on bail in connection with FIR being C.R.No.11202002212235 of 2021 with City C Divison Police Station, Jamnagar on his executing a personal 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 India without prior permission of the concerned trial court;

[e]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 the concerned trial court;

The authorities will release the appellant 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 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, the trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted.