Ramesh Jagshi Koli vs State Of Gujarat

Dr. A. P. Thaker, J

[1]. Mr.Kishan Prajapati, learned advocate seeks permission to file his vakalatnama on behalf of the original complainant within four days. Permission

as sought for is granted. Registry is directed to accept the vakalatnama.

[2]. Heard Mr.Chintan Popat, learned advocate for the applicant, Ms.Nisha Thakore, learned Additional Public Prosecutor for the respondent â€

State and Mr.Kishan Prajapati, learned advocate for the original complainant through Video Conferencing.

[3]. The present application is filed, after filing of charge-sheet under Section 439 of the Code of Criminal Procedure in connection with an FIR being

C.R.No.11993010200523 of 2020 registered with Rapar Police Station, for the offences punishable under Sections 363, 366, 376 etc. of the Indian

Penal Code and Sections 4, 6 and 17 etc of the POCSO Act.

[4]. Learned advocate appearing for the applicant submits that the investigation is over and the charge-sheet has already been filed. He submits that

this is a successive bail application filed after the order passed on 17.09.2020 whereby the liberty was granted to the applicant to apply after recording

of the evidence of the victim or after four months whichever is earlier. He has submitted that since no criminal proceedings is yet to be started in the

Trial Court and considering the material placed on record, the bail may be granted to the applicant. He has submitted that the matter has been settled

between the parties out of the Court. Learned advocate for the applicant further submits that considering the nature of evidence, role attributed to the

applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on stringent

conditions.

[5]. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail to the applicant on the ground

that the offence is serious in nature and the age of the victim was 15 years. She has urged to reject the application.

[6]. Learned advocate for the original complainant submits that the settlement has been arrived at between the parties.

He has referred to the affidavit filed by the complainant.

[7]. Having perused the materials 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, at this stage, this Court is inclined to grant regular bail to the applicant.

[8]. This Court has considered following aspects;

(i). The accused is in jail since 01.06.2020;

(ii). The investigation is over and the charge-sheet is led;

(iii). The age of the accused is 22 years;

(iv). There is no likelihood of absconding of the applicant;

(v). The assurance given by the learned advocate for the applicant that the applicant will abide by all the conditions that may be imposed by this Court;

[9]. This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of

Investigation, (2012) 1 SCC 40;

[10]. In the result, 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.11993010200523 of 2020 registered with Rapar Police Station, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only)

with one local surety of the like amount to the satisfaction of the learned 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 his passport, if any, to the lower court within a week;

[d]. not leave the State of Gujarat without prior permission of the concerned Trial Court;

[e]. mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every

English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

[f]. furnish latest 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 Trial Court;

[11]. 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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be

executed before the Trial 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 accordingly.

[12]. Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

Learned advocate for the applicant is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other

suitable electronic mode.