Allowed

Sureshbhai @ Susho Somabhai Nayak v. State of Gujarat

Gujarat HC19 Jan 2021CR.MA/850/2021

Case brief

AI extract

What is this about?

This High Court granted regular bail to an applicant charged with offences under the IPC and POCSO Act. The case was disposed of by ordering release on bond subject to stringent conditions, noting the investigation was complete and trial yet to start.

What did the court decide?

Regular bail granted on personal bond of Rs.10,000 with local surety, subject to conditions restricting movement and requiring alternate police reporting.

Sureshbhai @ Susho Somabhai Nayak Vs State of Gujarat — Cheating and Forgery | Gujarat HC (2021)

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R/CR.MA/850/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 850 of 2021

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SURESHBHAI @ SUSHO SOMABHAI NAYAK

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Versus STATE OF GUJARAT

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Appearance:

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MR PADMRAJ K JADEJA(2095) 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 : 19/01/2021

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ORAL ORDER

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[1] Heard Mr. Padmraj K. Jadeja, learned advocate for the applicant and Ms. Moxa Thakkar, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

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[2] RULE . Learned Additional Public Prosecutor waives service of notice of rule for respondent – State.

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[3] The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I – 25 of 2019 registered with Sagtala Police Station, District: Dahod for the offences punishable under Sections 363, 366, 376(i)(n) of the Indian Penal Code and Section 4 and 6 of The Protection of Children from Sexual Offences Act, 2012.

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[3] Learned advocate appearing for the applicant submits that in view of the order passed in CRMA No. 10440 of 2020

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R/CR.MA/850/2021 ORDER

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liberty was granted to the learned advocate for the petitioner to file fresh application after 4 months. He has also submitted that the applicant is coming after 6 months instead of 4 months and the learned advocate for the applicant has assured that the applicant will abide by all the conditions which may be imposed by this Court, even restricting his entry in Dahod District. He has submitted that the charge-sheet has already been filed and requested that this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.

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[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail on the grounds that considering the nature and gravity of the offence. She has submitted that considering the present situation of COVID-19, the physical functioning of the Courts had not begin and, therefore, let the applicant come after recording of the statement of the victim. She has requested to dismiss the present application.

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[5] Having heard the learned advocates for the parties and perused the materials placed on record, it appears that earlier the application had approached this Court and thereafter it was withdrawn with a liberty to file fresh one after 4 months. Now admittedly the trial has not begin. Of course, due to COVID-19 the Courts were not functioning but the trial Court has started functioning since last two

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R/CR.MA/850/2021 ORDER

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months. Therefore, taking into consideration the facts of the case, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant.

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[6] This Court has considered following aspects;

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(i) The fact that the accused is in jail since 4.2.2020;

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(ii) The investigation is over and the charge-sheet is filed;

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(iii) That the trial has not started yet;

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(iv) Assurance given by learned advocate for the applicant that the applicant will abide by all the conditions which may be imposed by this Court;

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

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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 FIR being C.R.No.I – 25 of 2019 registered with Sagtala Police Station, District: Dahod on executing a personal bond of Rs.10,000/- (Rupees Ten Thousands Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he 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 injuries to the interest of the

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R/CR.MA/850/2021 ORDER

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prosecution;

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[c] surrender his 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 concerned Trial Court;

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[e] not enter into Dahod District except for the purpose of attending the Court proceedings or any investigation;

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[f] mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

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[g] furnish latest 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 the Trial Court;

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[9] 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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial 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

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R/CR.MA/850/2021 ORDER

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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. Rule is made absolute accordingly.

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[10] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned advocate for the applicant is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

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SAJ GEORGE

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Sureshbhai @ Susho Somabhai Nayak v. State of Gujarat

Case brief

What is this about?

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Sureshbhai @ Susho Somabhai Nayak v. State of Gujarat

Case brief

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