Laljibhai Nagjibhai Kudecha vs State Of Gujarat

B.N. Karia, J

RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondentÂ​ State of Gujarat.

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.11198003210056 of 2021 registered with Alang Marine Police Station, District: Bhavnagar for the offences punishable under Sections 363 and

366 of the Indian Penal Code and under Section 8 and 17 of the POCSO Act.

Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on

regular bail by imposing suitable conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondentÂState has opposed grant of regular bail looking to the nature and gravity

of the offence.

Having heard learned advocate for the applicant as well as learned APP for the respondent State and considering the contents of the FIR, it appears

that the other coÂ​accused namely Rakesh @Pintu Kudecha was having love affair with the complainant. The age of the victim is more than 17 years.

From the FIR it appears that the present applicant did not play any direct or indirect role in the incident. The only allegation made is that the applicant

is to help other coÂaccused or abettor. While registering the FIR, the complainant did not made any allegation against the applicant nor his name was

mentioned in the FIR. It further appears that the applicant was arrested on 24.2.2021. Now, the chargeÂsheet is filed and investigation is over. The

applicant is behind the bars since 24.2.2021 and therefore no purpose would be served to keep the applicant in jail since there is no possibility to start

the trial in near future.

In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that this

is a fit case to exercise the discretion to 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.11198003210056 of 2021 registered with Alang Marine Police Station, District:

Bhavnagar on executing a personal bond of Rs.10,000/Â (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] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] 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 the learned Sessions Court concerned;

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.

This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.