Nareshji Hemaji Bhavanji Thakor vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned advocate Mr.Kumar H. Trivedi appearing on behalf of the applicant, learned Additional Public Prosecutor Mr.Trupesh Kathiriya appearing on behalf of the respondent-State and learned advocate Mr.D.V.Chauhan appearing on behalf of the original complainant.

Rule. Learned APP waives service of rule on behalf of the respondent-State. Learned advocate Mr.Chauhan waives service of rule on behalf of original complainant.

The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11217014250269/2025 registered with Kakoshi Police Station, Patan for the offence punishable under Sections 70(1), 75, 78 and 351(3) of Bhartiya Nyay Sanhita and Section 66(e) of the Information Technology Amendment Act, 2008.

Learned advocate Mr.Trivedi and Mr.Chauhan would jointly submit that the parties have settled inter-se inasmuch as learned advocates would submit that the complainant and her husband both have turned hostile before the learned Sessions Court during the course of trial. Learned advocates would submit that the complainant being present in the Court, the aspect of settlement may be verified. Learned advocates would in fact draw the attention of this Court to deposition of the complainant before the learned Sessions Court wherein the complainant has inter alia stated that the complaint had been given at the instance of her husband and other family members. Based upon the same, learned advocates would request that this Court may release the present applicant on regular bail.

Learned Additional Public Prosecutor Mr.Kathiriya would submit that the identity of the complainant has been ascertained by Mr.Jagatsinh Ramaji Rajput, Head Constable, Kakoshi Police Station, Patan.

Learned advocate Mr.Chauhan has also tendered an affidavit of the complainant.

Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Having regard to the circumstances narrated hereinabove, since the complainant and her husband have resile from the depositions before the police authorities, more particularly, they do not support the allegations in the complaint itself and since they have been declared hostile by the learned Sessions Court, at this stage, it does not appear to this Court that there is any requirement of keeping the present applicant in custody any further.

This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

In the facts and circumstances of the case and considering the nature of the allegations made against 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 bail in connection with F.I.R. registered as C.R. No.11217014250269/2025 registered with Kakoshi Police Station, Patan, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousands 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 State of Gujarat without prior permission of the Sessions Court concerned;

[e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.;

[f]mark presence once a week till the trial concludes, before the concerned police station.

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 Court concerned will be free to 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 stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.

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