Kishan Rajeshbhai Trivedi vs State Of Gujarat

Ashutosh J. Shastri, J

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-84/2019 dated 27.9.2019 registered with Amreli City Police Station, District: Amreli for the offences under Sections 363, 366, 376(2)

(f), 376(2)(n), 376D, 377, 354, 354(B), 354(D), 354(a), 352, 342, 323, 504, 506(2), 509, 120B, 34, 114 of the Indian Penal Code and under Sections 4, 6,

8, 10, 12, 17 and 18 of the POCSO Act and under Section 135 of the G.P.Act.

Mr.P.M.Lakhani, learned advocate for the applicant, has submitted that the applicant is an innocent person and has wrongly been arraigned in the

prosecution. It has further been submitted that there are several accused persons have been named by the victim and as such, the story which has

been put up is highly improbable. The applicant is also of a tender age of 20 years and no even specifically named in the FIR and it is only on the basis

of co-accused statement, an attempt is made to roped the applicant in the prosecution. It has further been pointed out that the main accused â€

Dharamvir @ Dhamabhai bhagubhai Vala has already been released by the Coordinate Bench of this Court vide order dated 13.7.2020 passed in

Criminal Misc. Application No.2243 of 2020 and as such, the request of the applicant for regular bail be considered. Furthermore, there is a gross

delay insofar as roping the present applicant is concerned. Hence, on some suitable conditions, the case of the applicant be considered.

As against this, Mr.J.K.Shah, learned APP, has strongly opposed the grant of regular bail looking to the gravity of offence and considering the age

of the victim. Learned APP has submitted that the seriousness of the offence may also be considered.

After considering the rival submissions and the circumstances of the present case, the Court is inclined to consider the request of the applicant on

following circumstance :

(I) The applicant is not specifically named in the FIR.

(II) In a suicide note, the applicant has not been attributed anything specifically.

(III) The applicant is aged about 20 to 21 years and furthermore, has been arraigned on the basis of statement of the co-accused.

(IV) The Coordinate Bench has released the person, who has been specifically named in the FIR.

Considering the aforesaid aspects, 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-

84/2019 dated 27.9.2019 registered with Amreli City Police Station, District: Amreli on executing a personal bond of Rs.15,000/- (Rupees : Fifteen

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 to enter within the territory of Amreli district except for marking presence in the concerned police station and also to attend the trial;

[e] not to leave State of Gujarat without prior permission of the concerned court;

[f] mark presence before the concerned Police Station on every Monday of each English calendar month, till the trial is over, between 11:00 a.m. and

2:00 p.m.;

[g] 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;

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.

Rule is made absolute to the aforesaid extent.

Registry is directed to communicate this order to the concerned Jail Authority forthwith.