Vikrambhai Bhagwanbhai Joshi vs State Of Gujarat

Vipul M. Pancholi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I-

72 of 2019 registered with Tharad Police Station, Banaskantha for offence under Sections 363, 376(N) and 506(2) of the Indian Penal Code and

Sections 4, 5(L) and 6 of the POCSO Act.

Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular

bail by imposing suitable conditions.

Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

Having heard the learned advocates for the parties and perusing the material 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, this Court is of the opinion that this is

a fit case to exercise the discretion and enlarge the applicant on regular bail.

This Court has considered following aspects,

(a) applicant is aged about 23 years. He is in jail since 19.06.2019;

(b) investigation is over long back and charge- sheet is filed;

(c) it is submitted that applicant is in jail since last more than 14 months and this is the first application filed by the applicant after filing of the charge-

sheet;

(d) learned advocate for the applicant has referred the allegations made in the FIR against the applicant and thereafter immediately he has referred

the medical certificate issued on the very date of filing of the FIR i.e. on 11.06.2019, copy of which is placed on record at page 25. In the said medical

certificate, the concerned Medical Officer has stated as under:

“No evidence of struggles No stain or foreign body on cloths. No mark of injury on body.â€​

(e) from the aforesaid certificate, it is submitted that no such incident as alleged by the complainant has occurred and the applicant is falsely implicated

in the alleged offence;

In view of the aforesaid submissions canvassed by learned advocate for the applicant and in view of the medical certificate of the victim, copy of

which is placed on record at page 25 and as contended by learned advocate for the applicant that it is a case of false implication and considering the

fact that applicant is in jail since more than 14 months, I am inclined to consider the case of the applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of

Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I-72 of 2019

registered with Tharad Police Station, Banaskantha on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand 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 India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between

11:00 a.m. and 2:00 p.m.;

[f] furnish the present 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 concerned trial court;

The authorities shall adhere to its own circular regarding Covid-19 and thereafter 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 Judge concerned will be free to issue

warrant or 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 trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/Authority

through Fax or Email.