Gujarat High Court
Himanshu Rameshchandra Sharma vs State Of Gujarat on 25 June, 2024
NEUTRAL CITATION
R/CR.MA/11453/2024 ORDER DATED: 25/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11453
of 2024
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HIMANSHU RAMESHCHANDRA SHARMA
Versus
STATE OF GUJARAT
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Appearance:
MR KAILASH S VARMA(3871) for the Applicant(s) No. 1
MR MB RANA(2760) for the Applicant(s) No. 1
MR CHINTAN DAVE APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 25/06/2024
ORAL ORDER
1. Rule. Learned APP waives service of notice of
Rule on behalf of 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 1 9 2 0 5 0 2 4 0 0 9 9 of 2024
registered wit h Sanand Police Station, District
Ahmedabad (Rural) for offence punishable under
Section 376 of the Indian Penal Code.
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R/CR.MA/11453/2024 ORDER DATED: 25/06/2024
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3. 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-allowed. He
submitted that considering the facts stated in the
Application, the applicant may be granted
anticipatory bail.
4. Learned Additional Public Prosecutor appearing
on behalf of the respondent - State has opposed the
present application contending that the applicant had
established physical relationship with the prosecutrix
and thereafter had not agreed to marry her and
forcibly subjected to her sexual assault. He, therefore,
prayed to dismiss the present application.
5. Heard the arguments advanced by the learned
advocates for the parties and perusing the material
placed on record.
6. Having heard learned advocates for the parties
and perused the record and having gone through the
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R/CR.MA/11453/2024 ORDER DATED: 25/06/2024
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FIR, it appears that the present applicant and
prosecutrix came into contact with each other since
they were working together and started liking each
other. Because of this relationship, physical relationship
were established between the two with the consent of
the prosecutrix and thereafter prosecutrix wanted to
marry with the present applicant. However, the present
applicant was not ready to marry with the prosecutrix.
The record also indicates that incident is alleged to
have taken place on 20.02.2022 whereas the FIR came
to be lodged on 28.02.2024. Having regard to the facts
and circumstances of the case, the role attributed to the
applicant and taking into consideration the facts of the
case, nature of allegations, gravity of offence and the
role attributed to the accused, t h i s C o u r t i s inclined
to grant anticipatory bail to the applicant.
7. This Court has considered following aspects,
(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
NEUTRAL CITATION
R/CR.MA/11453/2024 ORDER DATED: 25/06/2024
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(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.
9. This court has also considered the judgment in
the case of Arnesh Kumar v. State of Bihar reported in
NEUTRAL CITATION
R/CR.MA/11453/2024 ORDER DATED: 25/06/2024
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(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 inclined to exercise powers under Section 438
of Cr.P.C.
10. 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 the aforesaid F.I.R. 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 29.06.2024 between 12.00 Noon and 2.00
p.m.;
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(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;
(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
11. At the trial, the concerned trial court shall not
be influenced by the prima facie observations made by
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this Court in the present order.
12. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(M. R. MENGDEY,J)
MISHRA AMIT V.
