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Judgment
Nirzar S. Desai, J
1 Learned advocate Mr.Nabilkhan Yusufzai appears and states that he has instructions to appear on behalf of original complainant and he shall be filing his vakalatnama. The Registry is directed to accept vakalatnama of learned advocate for the original complainant.
2 Heard learned advocate Mr.Sajid Kariyaniya for the applicant, learned Additional Public Prosecutor Mr. Manan Mehta for the respondent – State and Mr.Nabilkhan Yusufzai, learned advocate for the original complainant.
3 This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the FIR registered at C.R.No.11211025220100 of 2022 with Joravarnagar Police Station, Surendranagar for the offences punishable under Sections 363, 366, 376(2) (J)(N) of the Indian Penal Code and under Sections 3(A), 4, 5(L), 6 and 12 of the POCSO Act.
4 Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.
5 On the other hand, learned APP appearing for the respondent – State opposed grant of regular bail looking to the nature and gravity of the offence.
5.1 Mr.Nabilkhan Yusufzai, learned advocate for the original complainant has tendered affidavit dated 12.10.2022 sworn by Natvarbhai Sundarbhai Kagadiya, who is the complainant and by way of the affidavit he has stated that compromise is arrived at between the parties, and therefore, he has no objection if the applicant is enlarged on regular bail in connection with the offence in question.
6 In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant:-
[a] The applicant is in jail since 29.4.2022.
[b] Investigation is over and charge sheet is filed.
[c] The FIR is registered after about 5 days of the alleged incident.
[d] As per the statement of the victim the victim has travelled at various places along with the present applicant.
[e] As per the learned advocate for the applicant, the applicant has no antecedents.
[f] Original complainant has filed affidavit dated 12.10.2022 stating that compromise is arrived at between the parties and he has no objection if the applicant is enlarged on regular bail in connection with the offence in question.
7 In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR registered at C.R.No.11211025220100 of 2022 with Joravarnagar Police Station, Surendranagar on executing personal bond of Rs.10,000/- (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] not to leave the Gujarat without prior permission of the Sessions Judge concerned;
[d] surrender passport, if any, to the lower court within a week;
[e] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Sessions Court concerned;
[f] mark his presence before the concerned police station in the first week of every month till the trial is over;
[g] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.
8 The Authorities will release the applicant only if the applicant 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.
9 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.
10 The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.
Direct service is permitted.