Harish @ Lalo Rameshbhai Sisangiya vs State Of Gujarat

A.Y. Kogje, J

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

registered as C.R. No.I-25 of 2019 with Lalpur Police Station, Jamnagar for the offence punishable under Sections 376(3), 376(2)N and 114 of the

Indian Penal Code and under Sections 4, 6, 5(L) and 17 of the POCSO Act.

Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail

by imposing suitable conditions.

On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the

nature and gravity of the offence.

Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-

I) The First Information Report is registered on 06.08.2019 for the offence which is alleged to have taken place between 06.08.2017 to 06.02.2019.

II) The applicant is in custody since 07.08.2019.

III) The investigation is concluded and charge-sheet is filled.

IV) The submission of learned advocate for the applicant that even from the narration in the FIR as well as statement of the prosecutrix, the applicant

had relation almost two years back and there is no relation since one year prior to registration of the FIR.

V) From the investigation case papers, DNA of the Fetus does not match the applicant, but it matches to one Ramesh.

VI) The submission of learned advocate for the applicant that the applicant also does not have any relation with Farida who was responsible for taking

the prosecutrix from one accused to other co-accused, who have thereafter, committed the offense while the prosecutrix aged between 16 years to 18

years.

VII) No antecedent is reported against the applicant.

VII)Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances

against the applicant.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report,

without discussing the evidence in detail, prima facie, this Court is 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. The applicant is ordered to be released on regular bail in connection with C.R. No.I-25 of 2019 with

Lalpur Police Station, Jamnagar 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 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 & shall not obstruct or hamper the police investigation and shall not to play mischief

with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial Court;

(g) not to enter Village Ishwariya, Taluka: Lalpur, District: Jamnagar till the evidence of the prosecutrix is recorded.

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 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 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.