Gujarat High CourtChirag Gautambhai Balshankar ... vs State Of Gujarat on 1 March, 2021Bench: A.Y. KogjeR/CR.MA/2998/2021                                     ORDER\n\n\n\n\n         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD\n\n           R/CRIMINAL MISC.APPLICATION NO. 2998 of 2021\n\n================================================================\n              CHIRAG GAUTAMBHAI BALSHANKAR MEHTA\n                             Versus\n                       STATE OF GUJARAT\n================================================================\nAppearance:\nMR KUNAL S SHAH(5282) for the Applicant(s) No. 1\nMR LB DABHI, APP for the Respondent(s) No. 1\n================================================================\n\n CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE\n\n                                Date : 01/03/2021\n\n                                 ORAL ORDER1.           RULE.          Learned APP Mr.L.B.Dabhi waives service of\n\nRule on behalf of the respondent State.2.           The present application is filed underSection 439of\n\nthe Code of Criminal Procedure, 1973, for regular bail in\n\nconnection with FIR being CR No.11210008210093 of 2021\n\nregistered with Sarthana Police Station, Surat for offence underSections 363,366,376(3)and506(2)of the Indian Penal Code and\n\nSections 4 and 8 of the POCSO Act.3.           Learned Advocate appearing on behalf of the applicant\n\nsubmits that considering the nature of the offence, the applicant\n\nmay be enlarged on regular bail by imposing suitable conditions.4.           Learned APP appearing on behalf of the respondent-Page 1 of 4Downloaded on : Thu Jan 13 04:47:46 IST 2022R/CR.MA/2998/2021                                      ORDER\n\n\n\nState has opposed grant of regular bail looking to the nature and\n\ngravity of the offence.5.           Learned        Advocates    appearing   on   behalf       of     the\n\nrespective parties do not press for further reasoned order.6.           I have heard the learned advocates appearing on behalf\n\nof the respective parties and perused the papers.                  Following\n\naspects are considered:-I.      The FIR is registered on 08.01.2021 for the\n                     offence which is alleged to have taken place for\n                     last two years from filing of the FIR.II.     The applicant is in jail since 10.01.2021.III.    Investigation is concluded as remand period is\n                     over.IV.     Submission of learned Advocate for the applicant\n                     that the applicant aged 25 years, unmarried was\n                     having an affair with the prosecutirx aged 17\n                     years and 2 months.V.      Learned Advocate for the applicant drew\n                     attention of the Court to the communication\n                     through mobile between the applicant and the\n                     prosecutrix as well as photographs of both of\n                     them. Considering the aforesaid, element of love\n                     affair cannot be ruled out.VI.     Learned APP under instructions of IO is unable to\n                     bring on record any special circumstances\n                     against the applicant.7.           This Court has also taken into consideration the law\n\nlaid down by the Hon'ble Apex Court in the case ofSanjay Chandra\n\nv. Central Bureau of Investigation, reported in [2012]1 SCC 40.Page 2 of 4Downloaded on : Thu Jan 13 04:47:46 IST 2022R/CR.MA/2998/2021                                     ORDER8.           In the facts and circumstances of the case and\n\nconsidering the nature of the allegations made against the\n\napplicant in the FIR, without discussing the evidence in detail,\n\nprima facie, this Court is of the opinion that this is a fit case to\n\nexercise the discretion and enlarge the applicant on regular bail.9.           Hence, the present application is allowed.                     The\n\napplicant is ordered to be released on regular bail in connection\n\nwith FIR being CR No.11210008210093 of 2021 registered with\n\nSarthana Police Station, Surat, on executing a personal bond of\n\nRs.10,000/- (Rupees Ten Thousand only) with one surety of the like\n\namount to the satisfaction of the trial Court and subject to the\n\nconditions that he shall;(a)     not take undue advantage of liberty or misuse\n                     liberty;(b)     not act in a manner injurious to the interest of the\n                     prosecution & shall not obstruct or hamper the\n                     police investigation and shall not to play mischief\n                     with the evidence collected or yet to be collected\n                     by the police;(c)     surrender passport, if any, to the Trial Court\n                     within a week;(d)     not leave the State of Gujarat without prior\n                     permission of the Trial Court concerned;(e)     not to enter Surat city till evidence of the\n                     prosecutirx is concluded except for marking\n                     preence and attending trial;(f)     mark presence before the concerned Police\n                     Station once in a month for a period of six months\n                     between 11.00 a.m. and 2.00 p.m.;Page 3 of 4Downloaded on : Thu Jan 13 04:47:46 IST 2022R/CR.MA/2998/2021                                     ORDER\n\n\n\n\n               (g)     furnish the present address of his residence to theInvestigating Officer and also to the Court at the\n                       time of execution of the bond and shall not\n                       change the residence without prior permission of\n                       Trial Court;10.            The authorities will release the applicant only if he is\n\nnot required in connection with any other offence for the time\n\nbeing. If breach of any of the above conditions is committed, the\n\nSessions Judge concerned will be free to issue warrant or take\n\nappropriate action in the matter.11.            Bail bond to be executed before the lower Court having\n\njurisdiction to try the case. It will be open for the concerned Court\n\nto delete, modify and/or relax any of the above conditions, in\n\naccordance with law.12.            At the trial, the trial Court shall not be influenced by\n\nthe observations of preliminary nature qua the evidence at this\n\nstage made by this Court while enlarging the applicant on bail.13.            Rule is made absolute to the aforesaid extent.Direct service is permitted.(A.Y. KOGJE, J)\nSHITOLEPage 4 of 4Downloaded on : Thu Jan 13 04:47:46 IST 2022