Dhudabhai @ Dhulabhai Dharshibhai Koli (Thakore) vs State Of Gujarat

Nirzar S. Desai, J

Heard learned advocate Mr. A.R.Shah for the applicant and learned Additional Public Prosecutor Mr. Himanshu Patel for the respondent â€

State.

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the FIR

registered at C.R.No.I-152 of 2017 with Naroda Police Station for the offence punishable under Sections 376(1), 363, 366, 366-A of the Indian Penal

Code and under Sections 3, 4, 5-L & 17 of the POCSO Act and under Section 84, 87 of the Juvenile Justice Act.

Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore,

looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and

conditions.

On the other hand, learned APP appearing for the respondent â€" State opposed grant of regular bail looking to the nature and gravity of the

offence.

In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be

exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

i. Earlier the Additional Sessions Judge In-charge Special POCSO Court, City Civil & Sessions Court, Ahmedabad City vide order dated 26.7.2017

passed in Criminal Misc. Application No.4220 of 2017 after considering the merits of the matter enlarged the applicant on bail.

ii. The applicant remained absent during three periods from June, 2017 to November, 2018, May, 2019 to September, 2019 and April, 2021 to October,

2021 and for the remaining period the applicant has remained present.

iii. The applicant is ready and willing to give an undertaking before the Registry of this Court that henceforth on each and every occasion whenever

the trial is scheduled, the applicant shall remain present.

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the

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

connection with the FIR registered at C.R.No.I-152 of 2017 with Naroda Police Station on executing 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] not to leave the Gujarat without prior permission of the Sessions Judge concerned;

[d] surrender passport, if any, to the lower court within a week;

[e] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution

of the bond and shall not change the residence without prior permission of the Sessions Court concerned;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

[g] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

[h] shall give an undertaking within a period of two weeks after he is enlarged on bail stating that henceforth on each and every occasion whenever

the trial is scheduled, the applicant shall remain present.

The Authorities will release the applicant only if the applicant 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.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Direct service is permitted.