Gujarat High Court
Chandrabhai Variyabhai Rathod vs State Of Gujarat on 19 June, 2024
NEUTRAL CITATION
R/CR.MA/11016/2024 ORDER DATED: 19/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11016
of 2024
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CHANDRABHAI VARIYABHAI RATHOD
Versus
STATE OF GUJARAT
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Appearance:
MR UM SHASTRI(830) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 19/06/2024
ORAL ORDER
1. RULE. Learned APP waives service of rule for the
respondent-State.
2. By way of the present application under Section 438 of
the Code of Criminal Procedure, 1973, the applicant-accused
has prayed for enlarging the applicant on anticipatory bail in
connection with the FIR be i ng C. R.
No . 1 1 8 2 1 0 1 4 2 4 0 1 4 9 of 2024 registered wit h
Dhanpur Police Station, Dahod .
3. Heard learned advocate for the applicant and learned
APP for the respondent - State.
4. Learned advocate for the applicant has submitted that
the applicant is apprehending arrest in connection the aforesaid
FIR and in this connection the earlier application filed by the
applicant before the learned Sessions Court came to be dis-
NEUTRAL CITATION
R/CR.MA/11016/2024 ORDER DATED: 19/06/2024
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allowed.
5. Learned Additional Public Prosecutor appearing on
behalf of the respondent - State has opposed grant of
anticipatory bail, inter alia, contending that the present
applicant had subjected the prosectutrix to physical relation
without her consent in the night hours when everybody in the
family was sleeping. Initially, she did not have courage to
lodge the FIR, however, upon consulting the Sarpanch of the
village, she got the courage and after three months of the
incident, she had lodged the present FIR. She, therefore,
submitted to dismiss the present application.
6. Heard learned Advocates for the parties and perused the
material available on record. At the outset, it is required to be
noted that the alleged incident had taken place on 10.11.2023,
where the FIR in question came to be lodged on 09.02.2024. The
delay is sought to be explained by the first informant stating that
she had no courage for lodging the FIR. However, after consulting
the Sarpanch, she had lodged the FIR. So far the merits of the
matter are concerned, it is alleged against the present applicant
that he had forcibly established physical relations with the
prosecutrix in the night hours. However, the prosecutrix, after the
incident, did not inform anybody in the village about the incident
nor did she lodge any complaint immediately. The explanation,
which is sought to be given for delay in the FIR does not appear to
be plausible.
7. This Court has considered following aspects,
NEUTRAL CITATION
R/CR.MA/11016/2024 ORDER DATED: 19/06/2024
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(a) as per catena of decisions of Hon'ble Supreme
Court there are mainly two factors which are required to be
considered by this court;
(i) prima facie case
(ii) requirement of accused for custodial interrogation.
Therefore, in the facts and circumstances of the
present case, this court is inclined to consider the case of the
applicant.
8. This Court has also taken into consideration the law
laid down by the Hon'ble Apex Court in the case of Siddharam
Satlingappa Mhetre Vs. State of Maharashtra and Ors.,
reported at [2011] 1 SCC 694, wherein the Hon'ble Apex Court
reiterated the law laid down by the Constitution Bench in the
case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of
Punjab, reported at (1980) 2 SCC 565. Further, this Court has
also taken into consideration the ratio laid down in the case of
Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Anr. in
Special Leave Petition No. 7281-7282/2017 dated
29.01.2020.
8.1 This court has also considered the judgment in the
case of Arnesh Kumar v. State of Bihar reported in (2014) 8
SCC 273, wherein the Hon'ble Apex Court has observe that
whenever there is punishment of 7 years, then the court would
be liberal to exercise the discretion. Further, by exercising the
discretion under Section 438 Cr.P.C, the doors of remand by the
Investigating Officer is open and therefore also this court is
NEUTRAL CITATION
R/CR.MA/11016/2024 ORDER DATED: 19/06/2024
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inclined to exercise powers under Section 438 of Cr.P.C.
9. In the result, the present application is allowed. The
applicant is ordered to be released on anticipatory bail in the
event of arrest in connection with a F I R be i ng No . C. R.
No . 1 1 8 2 1 0 1 4 2 4 0 1 4 9 of 2024 registered wit h
Dhanpur Police Station, Dahod on executing a personal
bond of Rs.10,000/- (Rupees Ten Thousand Only) with one
surety of like amount on the following conditions;
(a) shall cooperate with the investigation and make
available for interrogation whenever required;
(b) shall remain present at concerned Police Station on
2 6 . 0 6 . 2 0 2 4 between 12.00 Noon and 2.00 p.m.;
(c) shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the fact of the
case so as to dissuade him from disclosing such facts to the
court or to any police officer;
(d) shall not obstruct or hamper the police investigation and
not to play mischief with the evidence collected or yet to be
collected by the police;
(e) shall at the time of execution of bond, furnish the address
to the investigating officer and the court concerned and shall not
change residence till the final disposal of the case till further
orders;
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R/CR.MA/11016/2024 ORDER DATED: 19/06/2024
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(f) shall not leave India without the permission of the concerned
trial court and if having passport shall deposit the same before
the concerned trial court within a week; and
10. At the trial, the concerned trial court shall not be
influenced by the prima facie observations made by this Court in
the present order.
11. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(M. R. MENGDEY,J)
GIRISH
