Allowed

Hasmukhbhai Rajabhai Parmar v. State of Gujarat

Gujarat HC6 Dec 2021CR.MA/17999/2021

Case brief

AI extract

What is this about?

High Court at Ahmedabad considered an application for regular bail under Section 439 CrPC regarding POCSO and IPC offences. Noting the CPL investigation was complete and the victim turned hostile, despite conflicting claims about a settlement, the court综合考虑 factors like lack of flight risk and allowed bail on bond with strict conditions including a non-resort order to the taluka.

What did the court decide?

Applicant ordered to be released on regular bail on execution of a personal bond of Rs. 15,000 with one solvent surety, subject to several conditions including not entering Sojitra Taluka for six mont

Hasmukhbhai Rajabhai Parmar Vs State of Gujarat — Child Custody and Guardianship | Gujarat HC (2021)

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R/CR.MA/17999/2021 ORDER DATED: 06/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17999 of 2021

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HASMUKHBHAI RAJABHAI PARMAR

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Versus STATE OF GUJARAT

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Appearance:

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VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1 MR DM DEVNANI, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

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Date : 06/12/2021

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ORAL ORDER

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[1] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11215025210265 of 2021 registered with Sojitra Police Station, District: Anand for the offences under Sections 363, 366 and 376 of the Indian Penal Code and Section 4, 6 and 18 of the POCSO Act.

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[2] Learned advocate for the applicant submits that FIR has been lodged after 5 days of the incident. It is also submitted that applicant is not likely to jump the bail, since having roots in the society. It is also submitted that charge sheet is already filed and deposition of the complainant and victim are recorded and they have turned hostile and considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable

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R/CR.MA/17999/2021 ORDER DATED: 06/12/2021

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conditions.

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[3] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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[4] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. However, it is pertinent to note that on the last date of hearing, complainant who was present and as per th submission of the learned advocate for the applicant, the matter is amicably settled between the parties, regarding which inquiry was made and the settlement was admitted by the victim but as she being illiterate lady of the village, was not able to know the terms of settlement.

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[4.1] Today, complainant has remained present through learned advocate Mr. P. V. Patadiya, who is appearing through legal aid. He has submitted that no settlement has been arrived at between the parties and there is coercion the part of the applicant to settled the matter as such. She filed an affidavit to that effect which is taken on record. It is submitted by learned advocate Mr. Patadiya that complainant was coerced by the brother of the applicant to sign the written documents and she was not aware and victim has also not read the documents. Said documents of 27.11.2021 or 29.11.2021 are not filed on

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R/CR.MA/17999/2021 ORDER DATED: 06/12/2021

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record by any of the parties.

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[5] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra versus Central Bureau Investigation, reported in (2012) 1 SCC 40.

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[6] In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that discretion is required to be exercised in favour of the applicant and enlarge the applicant on regular bail.

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[7] This Court has considering the following aspects:

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(i) The applicant is in jail since 05.07.2021.

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(ii) Investigation is over and charge sheet is filed.

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(iii) Deposition of victim and the complainant are already recorded and they have turned hostile.

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(iv) FIR is filed on 19.06.2021, whereas incident was of 14.06.2021.

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[8] In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.11215025210265 of 2021 registered with Sojitra Police Station, District: Anand on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of the like amount to

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R/CR.MA/17999/2021 ORDER DATED: 06/12/2021

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the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of the prosecution;

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[c] surrender passport, if any, to the lower court within a week;

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[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

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[e] mark presence before the concerned Police Station once between 1^st and 5^th day of every English calendar month for a period of six months.;

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[f] furnish latest and permanent address 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 this Court;

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[g] not enter into Sojitra Taluka for 6 months or till the trial is over, whichever is earlier.

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[9] The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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

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R/CR.MA/17999/2021 ORDER DATED: 06/12/2021

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warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

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

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(RAJENDRA M. SAREEN,J)

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DRASHTI K. SHUKLA