Gujarat High Court
Bharat Ranchhodbhai Vaghela … vs State Of Gujarat on 23 December, 2024
NEUTRAL CITATION
R/CR.MA/20527/2024 ORDER DATED: 23/12/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 20527 of 2024
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BHARAT RANCHHODBHAI VAGHELA (ADROJIYA)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RUTVIJ S OZA(5594) for the Applicant(s) No. 1
MR. AAMIR S PATHAN(7142) for the Respondent(s) No. 2
MS JYOTI BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 23/12/2024
ORAL ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-
State.
[2.0] The present application is filed under Section 483 of the
Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular
bail in connection with FIR being C.R. No.11202002240826 of 2024
registered with Jamnagar City C Division Police Station, District
Jamnagar, for the offences punishable under Sections 363, 366, 376
of the Indian Penal Code, 1860 (for short “IPC“) read with sections 4, 6
and 12 of the POCSO Act.
[3.0] Learned Advocate appearing on behalf of the applicant submits
that the allegations against the present applicant is of abducted the
deceased. It is submitted that the deceased had voluntarily left her
lawful guardianship of the informant. He further submits that it is a
case of love affair and both the deceased and present applicant had
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consumed poison, and in such unfortunate incident deceased
succumbed while the present applicant remained alive. Except this
nothing has been recovered or discovered. He further submits that,
considering the nature of the offence, the applicant may be enlarged
on regular bail by imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has
opposed grant of regular bail looking to the nature and gravity of the
offence is serious one and the deceased was lured by the present
applicant and committed the alleged offence therefore requested to
dismiss the present application.
[4.1] Learned advocate for the original complainant has also opposed
the grant of regular bail application and contended that the applicant
is married person and having two kids and the deceased victim was
aged 16.5 years. He further contended that the applicant has lured the
victim and kidnapped her from the lawful guardianship of her parents.
Even the allegations under section 376 and POCSO is concerned, that
time and again the original complainant had approached the
authorities but they did not paid any heed and was compelled to
approach the competent authority. Therefore submitted that if the
applicant is released it would adversely affect the case of prosecution.
Considering the nature of offence, the present application may be
dismissed.
[5.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the papers. However, it is worth to
mention that learned advocate for the original informant has raised
grievance qua shoddy investigation and he wants to approach the
authority. Needless to say, that during the further investigation is
made out, then applicant as well as the original informant have the
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right to plead appropriate cause under the law and if advised, the
present order would not come in way in any manner. If the original
informant approach the authority, the concerned authority shall
decide the case in accordance with law.
In addition to the aforesaid, following aspects are considered.
(a) The present applicant is in custody since 13.07.2024.
(b) No any offence of penetrative assault is ruled out as per the
investigation, however, at the time of offence, the deceased
was minor, prima facie, the offence under section 376 and 363 is
made out. Considering the fact that investigation is over and
charge-sheet has been filed.
(c) Nothing is required to be recovered and discovered.
(d) The offence is not punishable upto life imprisonment or
death;
(e) No antecedents against the present applicant.
(f) Commencement of trial will take its own time.
[6.0] While granting bail, the Court has to consider the involvement
of the accused in the alleged offence, the jurisdiction to grant bail has
to be exercised on the basis of the well settled principles having
regard to the facts and circumstances of each case and the following
factors are to be taken into consideration while considering an
application for bail: (i) the nature of accusation and the severity of the
punishment and the nature of the materials relied upon by the
prosecution; (ii) reasonable apprehension of tampering with the
witnesses and threat to the complainant or the witnesses; (iii)
reasonable possibility of securing the presence of the accused at the
time of trial or the likelihood of his abscondence; (iv) character
behaviour and standing of the accused and the circumstances which
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are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.
[7.0] 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.
[8.0] In the facts and circumstances of the case and considering the
nature of the allegations made against the applicant in the FIR,
without discussing the evidence in detail, prima facie, this Court is of
the opinion that this is a fit case to exercise the discretion and enlarge
the applicant on regular bail.
[9.0] Hence, the present application is allowed. The applicant is
ordered to be released on regular bail in connection with FIR being
C.R. No.11202002240826 of 2024 registered with Jamnagar City C
Division Police Station, District Jamnagar, 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 & shall not obstruct or hamper the police
investigation and shall not to play mischief with the
evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of
the Trial Court concerned;
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(e) mark presence before the concerned Police Station once in
a month for a period of six months between 11.00 a.m. and
2.00 p.m.;
(f) furnish the present address of his 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 Trial Court;
[10.0] The authorities will 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.
[11.0] 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.
[12.0] 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.
[13.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
Radhika
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