Allowed

Shaileshbhai Kabhaibhai Parmar v. State of Gujarat

Gujarat HC6 Dec 2021CR.MA/18054/2021

Case brief

AI extract

What is this about?

In an application for regular bail under Section 439 CrPC, the High Court of Gujarat released the applicant in a case involving POCSO and IPC offences arising from a love affair. The court imposed bail bonds with specific conditions including residency, passport surrender, and area restrictions.

What did the court decide?

Application allowed; applicant released on regular bail by executing a personal bond of Rs.15,000 with one surety and complying with specific conditions.

Shaileshbhai Kabhaibhai Parmar Vs State of… — Child Sexual Offences (POCSO) | Gujarat HC (2021)

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R/CR.MA/18054/2021 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. 18054 of 2021

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========================================================== SHAILESHBHAI KABHAIBHAI PARMAR

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Versus STATE OF GUJARAT

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==========================================================

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Appearance:

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MR YASH K DAVE(10269) for the Applicant(s) No. 1 VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1 MR DHARMESH DEVNANI APP (2) for the Respondent(s) No. 1

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==========================================================

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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.11215039200086 of 2020 registered with Virsad Police Station, District: Anand for the offences under Sections 363, 366 and 376(3) of Indian Penal Code and under sections 4, 6 and 18 of POCSO Act.

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[2] Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

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[3] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has vehemently opposed grant of regular bail looking to the nature and gravity of the offence. He has submitted that FSL report and statement of the victim under section 164 of the Code of Criminal Procedure are against the applicant. He has further submitted that the victim is aged 14

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Page 1 of 4

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R/CR.MA/18054/2021 ORDER DATED: 06/12/2021

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years and 2 months only.

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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.

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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) This is a case of love affair. The victim moved one place to another with the accused at her will and though she had various opportunity to make complain, she had not made any complaint to any one. Thus, there is consent of the victim and though the consent is not material, however, for the offence in question, the applicant will have to face the trial.

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(ii) The applicant is young boy aged 24 years.

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(iii) Investigation is over and chargesheet is also already filed.

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(iv) The applicant is local residence and would be easily available at the time of trial.

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(v) The applicant is in custody since 06.10.2020.

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(vi) Evidence of the complainant and prosecutrix is completed.

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Page 2 of 4

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R/CR.MA/18054/2021 ORDER DATED: 06/12/2021

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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.11215039200086 of 2020 registered with Virsad 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 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 India 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 along with mobile number 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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Page 3 of 4

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R/CR.MA/18054/2021 ORDER DATED: 06/12/2021

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[g] not enter in the area where the complainant and victim are residing.

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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 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.

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Registry to communicate this order to the concerned Jail Authority by Fax or Email forthwith .

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(RAJENDRA M. SAREEN,J)

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R.H. PARMAR

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Shaileshbhai Kabhaibhai Parmar v. State of Gujarat

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Shaileshbhai Kabhaibhai Parmar v. State of Gujarat

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