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Judgment
Ilesh J. Vora, J
Though served, none appears for the respondent no.2.
This is an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order
dated 02.02.2021 passed by the learned 3rd Additional Sessions Judge, Bhavnagar in Criminal Misc. Application No. 78 of 2021 in relation to the First
Information Report No. being CR. No. I-11198065200678 of 2020 registered with the Vallabhipur Police Station for the offences punishable under
Sections 354A, 506(2) and 114 of the IPC and Section 8 of the POCSO Act read with Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)v of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989).
Heard Mr. B.M. Mangukiya, the learned advocate for the appellant. Referring to the FIR, it is submitted that the appellant has no role to play in the
commission of offence. According to the case of the prosecution, the appellant was standing outside the premises of the first informant. Under the
circumstances, the appellant may be enlarged on bail. It is further submitted that there are no criminal antecedents to the discredit of the appellant.
The investigation is completed and the chargesheet is filed.
Learned APP has opposed the appeal contending that considering the conduct of the appellant and nature of accusation, the discretion may not be
exercised in favour of the appellant.
Considering the entire facts and circumstances of the case, submission of learned counsel for the parties and keeping in view the nature of offence,
evidence, complexity of the accused, it appears that the appellant was standing near the place of offence. The prosecution has not pointed out that
further custody of the appellant is necessary. This Court does not find any good reason to detain the appellant, that too, after the completion of the
investigation and filing of the chargesheet.
Hence, the appeal is allowed and impugned order dated 02.02.2021 passed by the learned 3rd Additional Sessions Judge, Bhavnagar in Criminal
Misc. Application No. 78 of 2021 is hereby quashed and set aside. The appellant is ordered to be released on bail in connection with the First
Information Report No. being CR. No. I-11198065200678 of 2020 registered with the Vallabhipur Police Station, on executing a bond of Rs.10,000/Â‐
(Rs. Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the appellant shall;
No. Conditions
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injuries to the interest of the prosecution;
(c) not leave the territory of India without prior permission of the Sessions Judge concerned;
(d) appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the court concerned regularly;
(e) furnish latest address of residence along with proof of I.D. to the concerned 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 trial Court;
(f) shall not enter within the jurisdiction of Vallabhipur Police Station for a period of 6 months;
The competent authority will release the appellant 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.
Registry to send a copy of this order to the concerned Jail Authority as well as ld. Sessions Court forthwith through fax and eÂmail.