Sagarkumar Kiranbhai Chaudhary vs State Of Gujarat

Ilesh J. Vora, J

Rule. Learned APP waives service of notice of Rule for and on behalf of the respondent – State.

The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No. Part-A – 11214070220292 of 2022 registered with Bardoli Rural Police Station, Dist.: Surat Rural, for the offences punishable under Sections 376(2)(N) and 376(3) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

It is the submission of learned counsel for the applicant that the applicant is in judicial custody since 04.05.2022. He further submitted that considering the role attributed to the present applicant, the applicant may be enlarged on regular bail on any terms and conditions.

Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.

Having heard learned advocates for the respective parties and upon perusal of material placed on record, it appears that the complainant and witnesses have not supported the case of prosecution. It also appears that prior to the incident, the applicant and the victim stayed together as husband and wife and they blessed with one baby. In such circumstances, without entering into the merits of the case, I am inclined to enlarge the applicant on regular bail.

Hence, the bail application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No. Part-A – 11214070220292 of 2022 registered with Bardoli Rural Police Station, Dist.: Surat Rural, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he 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)

surrender passport, if any, to the lower court within a week;

(d)

not leave India without prior permission of the Sessions Judge concerned;

(e)

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;

The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct Service is permitted.