Gujarat High Court
Harish Nagajagadeeswara Rao Vegi vs State Of Gujarat on 6 December, 2023
NEUTRAL CITATION
R/CR.A/1926/2023 ORDER DATED: 06/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
1926 of 2023
With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO.
1 of 2023
In R/CRIMINAL APPEAL NO. 1926 of 2023
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HARISH NAGAJAGADEESWARA RAO VEGI
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN R CHAKWAWALA(9846) for the Appellant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 06/12/2023
ORAL ORDER
Though notice is served to the complainant, none appears.
1. By way of the present appeal under Section 14-A of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (for short, the 'Act, 1989'), the appellant - original
accused has prayed to release him on regular bail in connection
with FIR being I-C.R.No.11198001230245 of 2023 registered
with Nilambaug Police Station, Bhavnagar.
2. Brief facts of the case are as under :-
2.1. The First Informant has stated in a letter (Forming part of
the complaint) that he is a student of MBBS and while he was
studying, he had clicked a photograph with a senior of the
NEUTRAL CITATION
R/CR.A/1926/2023 ORDER DATED: 06/12/2023
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college i.e. the Accused. Thereafter on the date of the incident ie,
on 12.05.2023, at around 11 in the night, the First Informant
went to the PG Hostel wherein the Applicant offered him food
and forced him to remove his clothes and further forced the
complainant in an unnatural way by taking the First Informant's
private part in his (Applicant's) mouth and thereby has
committed serious unnatural offences. Moreover, the First
Informant was also threatened by the Applicant of not disclosing
the said fact to anyone or else the entire future of the First
Informant will be ruined by the Applicant. Thereafter the First
Informant narrated the said incident to his friend Mohit Rathod
and Mohit Rathod intimated about such incident to the general
secretary of the college i.e. Akshaygiri Goswami and hence after
meeting all of them, a representation has been made to the
college Dean and the said representation has been forwarded by
the Dean of the college to the Police Inspector and hence the
subject FIR has come to be registered.
3. Learned advocate for the appellant submits that
considering the nature of allegations, role attributed to the
petitioner, the appellant may be enlarged on regular bail by
imposing suitable conditions. It is submitted that the appellant
is wrongly roped in the present crime. It is submitted that FIR is
filed to target present appellant and same has been circulated all
over in news to defame reputation of present appellant. It is
submitted that FIR is after 8 days. It is submitted that on going
through entire record of charge sheet papers there is no evidence
produced by prosecution pointing out any physical connection
between appellant and victim. Therefore, it is submitted that the
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appellant may be enlarged on bail.
4. 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.
5. Heard the learned Advocates for the respective parties and
perused the papers.
6. Having heard the learned counsel for the parties and
perusing the record of the case and taking into consideration the
facts of the case, nature of allegations, role attributed to the
accused, without discussing the evidence in detail, at this stage,
I am inclined to exercise discretion in favour of the appellant for
the following reasons : -
(1) It appears from the record that alleged victim and
accused both the major.
(2) Allegations which is coming from the FIR indicates
that penis of victim has been taken in the mouth of
accused. Medical report indicates that victim has
discharged semen in the mouth of accused.
(3) Prima facie, it appears that it was voluntary act
between the people of same sex. It appears to be
consensual one as victim continued to put his penis in the
mouth of accused till he discharged semen.
(4) FIR is filed after 8 days of incident. No reasons are
assigned for filing FIR after 8 days.
(5) Charge sheet is filed.
(6) The appellant is behind bar since 22.05.2023.
(7) Since investigation is completed, there is no reason to
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believe that now petitioner would impede with the
evidence.
7. At this juncture, I may also refer to judgment of Hon'ble
Apex Court in the case of State of Rajasthan v/s. Balchand [AIR
1977 SC 2447], wherein it is observed that "the basic rule may
perhaps be tersely put as bail, not jail, except where there are
circumstance suggestive of fleeing from justice or thwarting the
course of justice or creating other troubles in the shape of
repeating offences or intimidating witnesses and the like by the
petitioner who seeks enlargement on bail from the court. We do
not intend to be exhaustive but only illustrative."
8. In the result, the present appeal is allowed. The appellant
is ordered to be released on bail in connection with FIR
registered as I-C.R.No.11198001230245 of 2023 registered with
Nilambaug Police Station, Bhavnagar on executing personal
bond of Rs.10,000/- (Rupees Ten Thousand only) with one
surety of 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] not leave the territory of India without prior
permission of the Sessions Judge concerned and if
having passport shall deposit the same before the
concerned trial court within a week;
[d] appear before the Investigation Officer concerned, as
and when required for investigation purpose and
attend Court concerned regularly.
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[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;
[f] mark his presence before the concerned police
station twice in week i.e. on Monday and Friday for
one hour at his convenience for one year. Affidavit to
this effect shall be filed while furnishing bail before
the learned Trial Court.
9. The competent authority will release the appellant 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 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
to the concerned Court to delete, modify or relax any of the
above conditions in accordance with law. 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 appellant on bail.
10. The appeal succeeds. Direct service is permitted.
11. In view of order passed in main appeal, Criminal Misc.
Application for fixing early date of hearing does not survive and
accordingly, stands disposed of.
(J. C. DOSHI,J)
SATISH
