Vinubhai Bhikhabhai Rangpara vs State Of Gujarat

Dr. A. P. Thaker, J

Heard Ms.Shah, learned advocate for the applicants and Ms.Mehta, learned Additional Public Prosecutor for the respondent â€" State through

Video Conferencing.

The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I â€

11193008200076 of 2020 registered with Babara Police Station, District: Amreli for the offences punishable under Sections 363 and 366 of the Indian

Penal Code and Section 18 of the Protection of Children from Sexual Offences Act.

Learned advocate appearing for the applicants submits that the role attributed to the present applicants is to give shelter to the minor girl and boy,

who has taken away the minor girl and similar situated person has been released on bail by this Court (Coram: Hon'ble Ms.Justice Gita Gopi) on

24.07.2020. He further submits that the son of the applicants is handicapped and is having 80% disability and the victim girl eloped with another person

and they are in custody. He further submits that considering the nature of evidence, role attributed to the applicants and punishment prescribed, this

application for bail may kindly be considered and the applicants may be released on bail on stringent conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State submits that the applicants were knowing the fact that the girl

was minor and they have given shelter to the minor girl and the boy in their residence. She has opposed grant of regular bail on the grounds that

considering the nature and gravity of the offence.

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 and the fact that the similar situated person has been released on bail by this Court (Coram: Hon'ble Ms.Justice Gita Gopi) on

24.07.2020, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicants.

This Court has considered following aspects;

(i) That other co-accused are enlarged on bail;

(ii) The fact that the accused is in jail since 30.06.2020;

(iii) The applicants are aged about 55 years and 50 years;

(iv) The role of the present applicants is only to give shelter to the minor girl and boy;

(v) The son of the applicants is having disability of 80% and nobody there to lookafter him.

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;

In the result, the present application is allowed and the applicants are ordered to be released on regular bail in connection with an FIR being

C.R.No.I â€" 11193008200076 of 2020 registered with Babara Police Station, District: Amreli, on executing a personal bond of Rs.10,000/- each

(Rupees Ten Thousands Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that

they shall;

[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 their passports, 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 addresses 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 applicant No.2 is a lady, her mark presence is not required.

The Authorities will release the applicants only if they are 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 applicants on bail. Rule is made absolute accordingly.

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 applicants is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable

electronic mode.