Yasarbhai Ahemadbhai Ghanchi vs State Of Gujarat

S.H.Vora, J

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.11191048211344 of 2021 with Sarkhej Police Station for the offences punishable under Sections 366 and 506(2) of IPC and under Section 4 of the Gujarat Freedom of Religion (Amendment) Act, 2021.

Heard learned advocate, for the applicant and learned APP, for the respondent-State and learned Advocate appearing for the complainant and examined the papers placed for consideration in support of the submission made at bar.

Upon hearing submission, following picture emerges on record :-

(i) Charge sheet is filed and the applicant is behind the bars since 27/06/2021.

(ii) The alleged offence provides maximum punishment to the extent of three years.

(iii) The prosecution case; in brief is that the applicant with an intention to convert the religion of victim forcibly threatened the complainant, abducted her from her house and took her to Udepur, Rajasthan on 24/06/2021.

(iv) It appears that the applicant and complainant were having love affair with each other since last eight years of lodgment of the FIR and as per the statement of the prosecution witnesses, they have ended the said relationship in the year 2019 and thereafter again victim joined the applicant and went to Udepur, Rajasthan. No doubt, it is the case of the prosecution that under the threat, the complainant joined the applicant; but presently no any evidence has been found either in form of Whats-App chat or videos or photographs from the mobile of the applicant.

(v) The FSL report indicates that analysis of the mobile phone of the applicant was not possible on account of non-availability of password of the applicant's cell-phone.

(vi) It is a matter of fact that no any evidence with regard to conversion or attempt to convert the religion under the Gujarat Freedom of Religion (Amendment) Ac,t 2021 is found or available in the charge-sheet papers; except bare words / allegations.

(vii) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(viii) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No.11191048211344 of 2021 with Sarkhej Police Station, on executing a 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 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 leave the territory of India without prior permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

[f] not to enter into the limits of Sanand Police Station and Bayad Police Station;

The competent authority 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 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 observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.

Rule made absolute to the aforesaid extent. Direct service is permitted.