A single judge bench of the Justice S.H. Vohra of Gujarat HC has allowed the application filed for fast-tracking of the framing of the charges and the victim was not traceable and no fault of the applicant is found, therefore the court released him on bail.
Facts:
The fact of the present case is that the applicant makes a request to expedite the process of framing of the charge, if not framed so far, and to record the deposition of the victim girl as per section 35 of the POCSO Act. Accordingly, present Criminal Misc. Application stands disposed of as withdrawn. However, the learned competent Court is directed to expedite hearing of process of framing of the charge and frame the charge as expeditiously as possible, but not later than one month from the date of receipt of the order of the Court. Upon framing of the charge, the learned competent Court shall make an endeavor to record the deposition of the victim girl as expeditiously as possible, but not later than one month after framing of the charge.
It is clarified that this Court has not examined the merits of the present matter at this stage. However, liberty is reserved in favour of the applicant to move appropriate bail application after deposition of the victim girl is recorded. Even after the aforesaid order, the concerned Sessions Court could not examine the victim as she was not traceable and such remarks is placed on record by the Special Judge (POCSO), Gandhinagar vide communication dated 22.8.2022.
The learned APP, upon instructions of Mr. H.A. Joshi, PSI, Mansa Police Station, placed written communication dated 11.11.2022, whereby it is reported that the victim is not traceable and therefore, the State is not in a position to comply with order of this Court passed on 21.6.2021.
Observations of the Court:
The court made the observation that the applicant is behind the bar since 2.3.2020 and his conduct inside and outside jail is good when he was released on temporary bail in the month of February, 2022. The trial is not proceeding further on account of the victim being not traced and produced before the Court for the recording of the deposition and no fault is found with the applicant. In light of this position and when there is no evidence on record to show that the victim is likely to be traced in near future and therefore, there is no reason to keep the applicant behind the bar.
Hence, the application is allowed and the applicant is ordered to be released on bail in connection with I C.R. No. 11216009200108 of 2020 with Mansa Police Station, on executing a 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 the applicant 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] not leave the territory of Gujarat without prior permission of the Sessions Judge concerned; [d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly, and [e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned.
Decision:
The application was allowed by this court and order to release the applicant on bail as the victim is not traced and produced before the court and no fault is found with the applicant.
Case: Vikramsinh Amarsinh Rathod v. State of Gujarat
Citation: R/CRIMINAL MISC.APPLICATION NO. 13422 of 2022
Coram: Justice S.H. Vohra
Dated: 11.11.2022
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