Gujarat High CourtAshokbhai Valjibhai Rathod vs State Of Gujarat on 25 May, 2016Author:A.Y. KogjeBench:A.Y. KogjeR/CR.MA/10756/2016                                               ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 10756 of 2016

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                       ASHOKBHAI VALJIBHAI RATHOD....Applicant(s)
                                       Versus
                          STATE OF GUJARAT....Respondent(s)
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         Appearance:
         MR. KISHAN H DAIYA, ADVOCATE for the Applicant(s) No. 1
         MR.KISHAN PRAJAPATI, ADVOCATE for the Applicant(s) No. 1
         MR. RAKESH R. PAGEL, APP for the Respondent(s) No. 1
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          CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

                                      Date : 25/05/2016


                                       ORAL ORDER1. The present application has been filed by the Applicant accused
              underSection 439of Criminal Procedure Code for grant of
              regular bail.2. The Applicant - accused is charged with having committed
              offence underSections 363,366,376of the Indian Penal Code
              and underSections 4,5and6of the Children from Sexual
              Offences Act, 2012, for which complaint has been lodged being
              I-CR No. 40 of 2014 with Kapodra Police Station, District Surat.3. The 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.4. Learned APP appearing on behalf of the Respondent - State of
              Gujarat has opposed grant of regular bail looking to the nature
              and gravity of the offence.Page 1 of 3HC-NIC                                  Page 1 of 3      Created On Fri May 27 00:33:23 IST 2016
               R/CR.MA/10756/2016                                                ORDER5. The learned Advocates appearing on behalf of the respective
           parties do not press for further reasoned order.6. I have heard the learned Advocates appearing on behalf of the
           respective parties and perused the papers of the investigation
           and considered the allegations levelled against the Applicant
           and the role played by the Applicant.7. In the facts and circumstances of the case, the following
           aspects are considered:The investigation is over and the charge sheet is filed. On the
           statement of the prosecutrix, it appears that it was a case of
           love affair and the prosecutrix has eloped with the Applicant at
           that time, the Applicant was aged 19 years.8. In that view of the matter, the Application for regular bail
           require consideration.9. The present application accordingly deserves to be allowed and
           accordingly stands allowed.                The Applicant - Ashokbhai
           Valjibhai Rathod is ordered to be released on bail in
           connection with I-CR No. 40 of 2014 registered with Kapodra
           Police Station, Surat on his executing a bond of Rs.10,000/-
           (Rupees Ten Thousand), with one surety of the like amount to
           the satisfaction of the lower Court and subject to the conditions
           that he shall:(a)             not take undue advantage of his liberty or abuse
           his liberty.(b)             not to try to tamper or pressurize the prosecution
           witnesses or complainant in any manner.(c)             not act in any manner injurious to the interest of
           the prosecution.(d)             maintain law and order and should cooperate the
           investigating officers.(e)             furnish the address of his residence to the
           Investigating Officer and also to the Court at the time ofPage 2 of 3HC-NIC                               Page 2 of 3       Created On Fri May 27 00:33:23 IST 2016
                    R/CR.MA/10756/2016                                               ORDER



                 execution of the bond and shall not change his residence
                 without prior permission of the Court.(f)            surrender his passport, if any, to the lower Court,
                 within a week.10.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.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.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 is made absolute. Direct service permitted.(A.Y. KOGJE, J.)
         JNWPage 3 of 3HC-NIC                                    Page 3 of 3      Created On Fri May 27 00:33:23 IST 2016