Allowed

Ritesh Chimanbhai Mer v. State of Gujarat

Gujarat HC21 Jan 2021CR.MA/19102/2020

Case brief

AI extract

What is this about?

High Court of Gujarat granted regular bail to the applicant in a POCSO Act and IPC case. The Court considered the applicant's age, lack of prior record, completion of investigation, and pandemic delays in trial while imposing specific conditions.

What did the court decide?

Applicant enlarged on regular bail by executing a personal bond of Rs. 10,000 with one surety subject to specified conditions, including marking presence at a police station on alternate Mondays.

Ritesh Chimanbhai Mer Vs State of Gujarat — Child Sexual Offences (POCSO) | Gujarat HC (2021)

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R/CR.MA/19102/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 19102 of 2020

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RITESH CHIMANBHAI MER

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Versus

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STATE OF GUJARAT

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========================================================== Appearance:

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MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

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Date : 21/01/2021

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ORAL ORDER

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[1] Heard Mr.Ashish Dagli, learned advocate for the applicant and Ms.Moxa Thakkar, learned APP for the respondent through video conferencing.

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[2] 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 No.11191023201569 of 2020 registered with Vadaj Police Station, District:Ahmedabad City for the offences under Sections 354 (d), 354 (A) (2), 294 (b) and 506 (1) of the Indian Penal Code and Sections 11 (5), 12 and 18 of the POCSO Act.

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[3] Mr.Dagli, learned advocate for the applicant submits that the applicant is very young and this is his first offence under the POCSO Act, therefore, the punishment will be half as per the provisions of the Act. So far as offences under Indian Penal Code are concerned, punishment for such offences is upto 3 years and fine. He also submitted that the applicant is ready to leave

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Page 1 of 4

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R/CR.MA/19102/2020 ORDER

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Ahmedabad and will reside at Rajkot till the trial is over. He submitted that considering all these aspects and also considering the fact that charge sheet is already filed, the applicant may be enlarged on regular bail by imposing suitable conditions and he assures that the applicant will abide by all such conditions.

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[4] Per contra, Ms.Moxa Thakkar, 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. She also submitted that the offence is under POCSO Act, which affects the life of the victim. She, therefore, prays that this Court may not exercise discretionary power in favour of the applicant.

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[5] 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. This Court has considered following aspects:-

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(i) Investigation is over and charge sheet is filed in this case.

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(ii) The applicant is aged 21 years.

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(iii) The applicant is in jail from 14.10.2020.

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(iv) Due to present pandemic situation, the trial is not likely commence in near future.

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(v) This Court has also considered the law laid down by Apex Court in the case of Sanjay Chandra Vs. Central Bureau Investigation, reported in (2012) 1 SCC 40 .

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(vi) This Court has also taken into consideration the assurance given on behalf of the applicant that he will abide by all conditions that may be imposed by this Court.

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Page 2 of 4

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R/CR.MA/19102/2020 ORDER

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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 this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being FIR No.11191023201569 of 2020 registered with Vadaj Police Station, District:Ahmedabad City 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 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] not enter in local limits of Ahmedabad District till the trial is over except for attending Court proceedings, as assured by the learned advocate for the applicant;

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[f] shall mark presence to the nearest police station, where he is going to reside, on every Monday of each English calendar month for a period of three months and thereafter, on every alternate Monday, between 11:00 a.m. and 2:00 p.m.;

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Page 3 of 4

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R/CR.MA/19102/2020 ORDER

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[g] 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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[7] 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. Bail bond to be executed before the learned 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. At the trial, learned 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.

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[8] Rule is made absolute to the aforesaid extent. Registry is directed to serve this order to the concerned authority through e- mail/fax or any other electronic mode.

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(DR. A. P. THAKER, J)

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R.S. MALEK

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Page 4 of 4

Ritesh Chimanbhai Mer v. State of Gujarat

Case brief

What is this about?

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Ritesh Chimanbhai Mer v. State of Gujarat

Case brief

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