Allowed

Sanjay Premjibhai Sarvaiya v. State of Gujarat

Gujarat HC25 Mar 2021CR.MA/886/2021

Case brief

AI extract

What is this about?

Hon'ble Justice A.Y. KOGJE allowed a bail application filed by an accused charged under POCSO and IPC sections. The court noted the investigation was concluded and serious allegations did not pertain to the applicant. Regular bail was granted subject to standard conditions.

What did the court decide?

Applicant ordered to be released on regular bail by executing a personal bond of Rs. 10,000 with one surety of the like amount, subject to specified conditions.

Sanjay Premjibhai Sarvaiya Vs State of Gujarat — Child Sexual Offences (POCSO) | Gujarat HC (2021)

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R/CR.MA/886/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 886 of 2021

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SANJAY PREMJIBHAI SARVAIYA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR RUTVIJ S OZA(5594) for the Applicant(s) No. 1 MR UMANG R VYAS(5595) for the Applicant(s) No. 1 MS NISHA THAKORE, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 25/03/2021 ORAL ORDER

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1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as CR-I/11190001200246 /2020 with Barvala Police Station, Botad for the offence punishable under Sections 363, 366, 376(2)(n), 376(3), 377 and 114 of the Indian Penal Code and Sections 4, 6, 8, 12 and 17 of the POCSO Act.

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2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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4. Learned Advocates appearing on behalf of the

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Page 1 of 4

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R/CR.MA/886/2021 ORDER

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respective parties do not press for a further
reasoned order.

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5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-

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I) The FIR is registered on 07.06.2020 for the offence which took place on 30.05.2020.

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II) The applicant is in custody since
12.08.2020.

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III) Investigation is concluded and charge-
sheet is filed.

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IV) Submission of learned advocate for the
applicant in so far as offence is concerned,
serious allegations under Sections 376 and 377
of the Indian Penal Code are against accused
Prakash Sarvaiya and Khumabhai Rupabhai and so
far as present accused is concerned, there is
no such serious allegations against him.

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V)Considering the version of the prosecutrix
which is appearing in the affidavit filed by
the Investigating Officer, the only role is
attributed to the applicant that he is cousin
brother of the main accused and made
arrangement for meals when the prosecutrix had
eloped with accused no.1. Beyond that no other
role is coming out.

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VI)Considering the age of the applicant being
22 years.

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VII) No antecedents reported.

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VIII) Learned Additional Public Prosecutor
under the instructions of the Investigating
Officer is unable to bring on record any
special circumstances against the applicant.

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Page 2 of 4

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R/CR.MA/886/2021 ORDER

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6. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

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7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

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8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with CR-I/11190001200246 /2020 registered with Barvala Police Station, Botad 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 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 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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Page 3 of 4

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R/CR.MA/886/2021 ORDER

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(e) mark presence before the concerned Police
Station on alternate Monday of every English
calendar month for a period of six months
between 11.00 a.m. and 2.00 p.m.;

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(f) furnish the present address of his 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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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 Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

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10. Bail bond to be executed before the 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.

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11. At the trial, the 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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12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

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(A.Y. KOGJE, J)

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GIRISH

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Page 4 of 4

Sanjay Premjibhai Sarvaiya v. State of Gujarat

Case brief

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Sanjay Premjibhai Sarvaiya v. State of Gujarat

Case brief

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