Gujarat High Court
Alpeshkumar Himmatbhai Patel vs State Of Gujarat on 18 February, 2025
NEUTRAL CITATION
R/CR.A/2861/2024 ORDER DATED: 18/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2861 of 2024
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ALPESHKUMAR HIMMATBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR UM SHASTRI(830) for the Appellant(s) No. 1
MR IMTIYAJ M KURESHI(5301) for the Opponent(s)/Respondent(s) No. 2
MR KRUTIK PARIKH, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 18/02/2025
ORAL ORDER
[1.0] ADMIT. Learned APP waives service of notice of Admission for
and on behalf of the respondent No.1 - State of Gujarat.
[2.0] Present appeal under Section 14-A of the Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter
referred to as "Atrocity Act") challenging the judgment and order
dated 28.11.2024 passed by the learned 5 th Additional Sessions Judge,
Panchmahal at Godhra in Criminal Misc. Application No.978 of 2024
whereby the learned Judge rejected the application filed by the
present appellant under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short "BNSS") seeking regular bail in
connection with FIR being C.R. No.11207025240726 of 2024
registered with Godhra 'A' Division Police Station, District
Panchmahal for the offences punishable under Sections 69, 87 and
318(2) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and
sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act (for short "Atrocity Act").
NEUTRAL CITATION
R/CR.A/2861/2024 ORDER DATED: 18/02/2025
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[3.0] Learned advocate appearing on behalf of the appellant
submits that appellant is innocent and has been falsely implicated
in the offence and now nothing is required to be recovered or
discovered as the charge-sheet is filed. Further, appellant is aged
only 23 years and pursuing his study in nursing. The allegation
against the appellant is that he developed deceitful relationship
with the victim, who is aged 19 years and also studying in the same
nursing college. He therefore submits that, considering the nature
of the offence, the appellant may be enlarged on regular bail by
imposing suitable conditions.
[4.0] Learned advocate for the respondent No.2 - original
complainant has filed affidavit in reply objecting to the present
criminal appeal which is taken on record. The main contention of the
victim - complainant is that she was not aware that the appellant is
married and having two kids though he gave false promise of marriage
to the victim and developed consensual relationship with the victim
and hence, prima facie offence is made out under section 69 of the
BNSS as the appellant has deceived the victim by giving false promise
to marry her.
[5.0] Learned APP appearing for the respondent No.1 - State of
Gujarat and learned advocate for the original complainant have
vehemently opposed the present appeal on the ground that appellant
under the false promise of marrying with the victim developed
deceitful relationship with the victim and if released on bail then the
possibility of tampering with the evidence cannot be ruled out and
therefore, he has requested to dismiss the present appeal.
[6.0] I have given thoughtful consideration to the arguments
NEUTRAL CITATION
R/CR.A/2861/2024 ORDER DATED: 18/02/2025
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canvassed by learned advocates for both the sides. However,
considering the fact that both, appellant as well as the complainant
are major studying together and the fact that charge-sheet is filed,
appellant is aged only 23 years and is behind the bars since 20.09.2024
studying in nursing course and the fact that charge-sheet is filed but
charge is yet to be framed and obviously trial will take its own time,
without further discussing the merits of the case, present appeal
deserves consideration as investigation is over and nothing is required
to be recovered or discovered from the present appellant as the
charge-sheet is filed. In view of the above, if the appellant is not
released on bail then it will be pre-trial conviction and considering the
principle of bail is rule and jail is exception, present appeal deserves
consideration with appropriate conditions. This Court has also taken
into consideration the law laid down by the Hon'ble Apex Court in the
case of Sanjay Chandra Vs. Central Bureau of Investigation
reported in (2012)1 SCC 40. Further, the appellant is not having past
antecedent and the appellant and victim developed relationship as
they are studying together and even the victim is major.
[7.0] Hence, the present appeal is allowed. The appellant is ordered to
be released on regular bail in connection with FIR being C.R.
No.11207025240726 of 2024 registered with Godhra 'A' Division
Police Station, District Panchmahal on executing a personal bond of
Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety of the
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;
NEUTRAL CITATION
R/CR.A/2861/2024 ORDER DATED: 18/02/2025
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[c] surrender passport, if any, to the lower court within a week;
[d] not leave the India without prior permission of the concerned
trial court;
[e] mark presence before the concerned Police Station once in a
month for a period of six months between 11:00 a.m. and 2:00
p.m.;
[f] furnish the present address of residence to the Investigating
Officer and also to the Court at the time of execution of the bond
and shall not change the residence without prior permission of
the concerned trial court;
[h] shall not take undue advantage of liberty for prolonging
the trial by taking unnecessary adjournment;
[i] shall not directly or indirectly contact the victim till the
trial is over.
[8.0] The authorities shall release the appellant only if the appellant
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 issue warrant or 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 for the
concerned Court to delete, modify and/or relax any of the above
conditions, in accordance with law.
[9.0] At the trial, the Trial Court shall not be influenced by the prima
facie observations made by this Court in the present order.
[10.0] Appeal is allowed accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR, J.)
Ajay
