NEUTRAL CITATION
R/CR.A/1868/2023 ORDER DATED: 14/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1868 of 2023
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NOMAN FIROJBHAI YAKUBBHAI KHANJI
Versus
STATE OF GUJARAT
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Appearance:
MR AS TIMBALIA(7372) for the Appellant(s) No. 1
MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 14/09/2023
ORAL ORDER
[1.0] Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the judgment and order dated 24.07.2023 passed by the learned 2nd Additional Sessions Judge, Bharuch, at Ankleshwar in Criminal Misc. Application No.913 of 2023 whereby the learned Sessions Judge rejected the application filed by the present appellant under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with FIR being C.R. No.11199004230505 of 2023 registered with Ankleshwar City Police Station, District Bharuch for the offences punishable under Sections 354A(1)(2), 354D, 323 and 506(2) of the Indian Penal Code, 1860 and section 3(1)(r), 3(1)(w)(ii) of the Atrocity Act and section 67 of the Information Technology Act.
[2.0] Though served, respondent No.2 has chosen not to appear before this Court.
[3.0] Learned advocate Mr. A.S. Timbalia for the appellant submitted that the appellant is not involved in the commission of Page 1 of 4 Downloaded on : Sat Sep 16 17:12:13 IST 2023 NEUTRAL CITATION R/CR.A/1868/2023 ORDER DATED: 14/09/2023 undefined offence as alleged in the FIR and has been falsely enroped in the offence. The complainant herself exchanged her phone number with the present appellant and the complaint is filed belatedly. Further, the applicant has not committed any offence and investigation is over and charge-sheet is filed and the offences alleged against the present appellant are all punishable with maximum punishment of 5 years and therefore, the appellant is required to be enlarged on regular bail by imposing suitable terms and conditions.
[4.0] Per contra, learned APP appearing for the respondent - State has vehemently opposed the present appeal and stated that there is prima facie evidence against the appellant and he had also beaten the husband of the complainant - victim and as the alleged offence is committed against a woman and there is possibility of tampering with the evidence, he has requested to dismiss the present appeal.
[5.0] I have given thoughtful consideration to the arguments canvassed by learned advocates for both the sides.
The allegation in the FIR is that suggests that the present appellant and complainant were in contact with each other and both have voluntarily exchanged their phone numbers. It is alleged that the appellant has made an assault on the husband of the complainant. Even if the allegations leveled against the present appellant are accepted at its face value then also the quantum of maximum punishment for the offences alleged is of 5 years. It is pertinent to note that investigation is over and Page 2 of 4 Downloaded on : Sat Sep 16 17:12:13 IST 2023 NEUTRAL CITATION R/CR.A/1868/2023 ORDER DATED: 14/09/2023 undefined nothing is required to be recovered or discovered from the present appellant. In view of the above, if the appellant is not released on bail then it will be pre-trial conviction and considering the principle of bail is rule and jail is exception, present appeal deserves consideration with appropriate conditions. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation reported in (2012)1 SCC 40.
[6.0] Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R. No.11199004230505 of 2023 registered with Ankleshwar City Police Station, District Bharuch on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the appellant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;Page 3 of 4 Downloaded on : Sat Sep 16 17:12:13 IST 2023
NEUTRAL CITATION R/CR.A/1868/2023 ORDER DATED: 14/09/2023 undefined [f] furnish the present 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 concerned trial court;
[h] shall not take undue advantage of liberty for prolonging the trial by taking unnecessary adjournment;
[i] shall not enter In the vicinity of District Bharuch where the complainant / victim resides except for the purpose of marking presence before the Ankleshwar City Police Station or for appearing before the learned trial Court;
[7.0] The authorities shall release the appellant only if the appellant 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. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
[8.0] At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
[9.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR, J.) Ajay Page 4 of 4 Downloaded on : Sat Sep 16 17:12:13 IST 2023