Gujarat High Court
Maheshbhai S/O Manilal Bechardash ... vs State Of Gujarat on 21 February, 2024
NEUTRAL CITATION
R/CR.A/2739/2023 ORDER DATED: 21/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL) NO. 2739 of 2023
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MAHESHBHAI S/O MANILAL BECHARDASH PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AVANIDHAR M THAKORE(10377) for the Appellant(s) No. 1
MR HK PATEL, APP for the Opponent(s)/Respondent(s) No. 1
ROHANKUMAR M AMIN(8851) for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 21/02/2024
ORAL ORDER
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 C.R.No.Part-A-11191035231212 of 2023
registered with Naroda Police Station, Ahmedabad.
2. Learned advocate for the appellant submits that no case of
rape is made out on reading FIR. It is submitted that even no
case under Atrocities Act is made out. It is submitted that on
going by FIR, it is consensual relationship at the most between
the parties. It is submitted there is allegation that the petitioner
has siphoned away Rs.4 lakhs which are obtained by pledging
gold ornaments belonging to first informant. It is submitted that
the appellant is behind bar since 18.09.2023, investigation is
complete and charge-sheet is filed. Therefore, it is submitted to
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R/CR.A/2739/2023 ORDER DATED: 21/02/2024
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grant regular to the appellant.
3. Learned advocate for the first informant submitted that
victim was lured under the pretext of getting marriage and
physical relationship was taken place between the parties. It is
submitted that on false promise of marriage, the appellant has
misused position of first informant. Apart from it, gold
ornaments of Rs.4 lakhs has been pledge by the petitioner before
the goldsmith and obtained loan and siphoned the amount and
therefore, no case is made out to grant bail to the appellant.
3. 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.
4. Heard the learned Advocates for the respective parties and
perused the papers. At the outset, on going through the facts of
the FIR, what appears that first informant - victim is widow lady.
She has two children, one aged 20 years and other aged 12
years. On reading FIR, nowhere it is coming that relationship
between the parties have started under promise of marriage. The
first informant is 47 years old. She must be knowing pros and
cons of relationship. What further appears that there is
consensual relationship and once relationship became sour, FIR
is filed. So far as siphoning of amount of Rs.4 lakhs is
concerned, statement of Mr.Ketankumar Shah, goldsmith is
recorded on 04.08.2023. It indicates that appellant and victim
both went together to obtain loan to get back gold ornaments
which were pledged with Muthodh Finance and goldsmith has
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paid Rs.3.10 lakhs to Muthodh Finance. Thereafter, victim and
appellant went to Muthodh Finance and brought back gold
ornaments and pledged the gold ornaments with goldsmith.
Thereafter, goldsmith has given Rs.50,000/- more. According to
the statement of Ketankumar Shah, amount has been handed
over to the victim. In these circumstances, no case is made out
that appellant has siphoned amount of Rs.4 lakhs. This Court
has granted regular bail to the co-accused in Criminal Misc.
Application No.2626 of 2023 after referring to the judgment of
Jagjeet Singh v/s. Ashish Mishra (2022) 9 SCC 321, whereby,
the Hon'ble Apex Court has reiterated and approved the facts to
be considered for grant of bail in Prasanta Kumar Sarkar v/s.
Ashis Chatterjee (2010) 14 SCC 496.
5. 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.
6. In the result, the present appeal is allowed. The appellant
is ordered to be released on bail in connection with FIR
registered as C.R.No.Part-A-11191035231212 of 2023 registered
with Naroda Police Station, Ahmedabad on executing 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;
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[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as
and when required for investigation purpose and
attend Court concerned regularly.
[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;
7. 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.
8. The appeal succeeds. Direct service is permitted.
(J. C. DOSHI,J)
SATISH
