Hasmukhbhai Lalitbhai Popat vs State Of Gujarat

Vipul M. Pancholi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I-

57 of 2018 registered with Lalpur Police Station, District Jamnagar for offence under Sections 376(2)(f)(n), 376AB, 354, 504, 506(2) and 323 of the

Indian Penal Code and Sections 4 and 6 of the POCSO Act.

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

bail by imposing suitable conditions.

Learned APP Mr. Raval appearing on behalf of the respondent-State has opposed this application and contended that when serious allegations are

levelled by the daughter against the father, this Court may not consider this application.

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

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case,

nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is

a fit case to exercise the discretion and enlarge the applicant on regular bail.

This Court has considered following aspects,

(a) applicant is in jail since 28.12.2018;

(b) investigation is over and charge-sheet is filed long back;

(c) it is submitted by learned advocate for the applicant that for the alleged incident which has taken place during the period between 2008-2018, FIR

is lodged on 27.12.2018.

(d) it is further contended that the first so- called incident had taken place before 10 years;

(e) it is specifically contended by learned advocate for the applicant that applicant is falsely implicated in the alleged incident for some oblique motive.

Learned advocate has referred the allegations levelled in the FIR;

(f) I have considered the submissions canvassed by learned advocate for the applicant. I have also perused the material placed on record and the fact

that the first so-called incident had taken place before 10 years for which FIR is filed in December, 2018 and as the applicant is in jail since

December, 2018, looking to the overall facts and circumstances of the present case, I am inclined to consider the case of the applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of

Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I-57 of 2018

registered with Lalpur Police Station, District 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;

[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] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between

11:00 a.m. and 2:00 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 the concerned trial court;

The authorities shall adhere to its own circular regarding Covid-19 and thereafter 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 prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/Authority

through Fax or Email.