In a recent judgment by the Gujarat High Court, bail has been granted in connection with the case of FIR C.R. No.11208053230359 of 2023 at Rajkot Taluka Police Station. The court considered the specific role attributed to the accused and the factual aspects of the case. The decision reflects an in-depth analysis of the charges under various sections of the Indian Penal Code and The Protection of Children from Sexual Offences (POCSO) Act. #LegalCase #POCSOAct
Facts
- The present bail application is filed under Section 439 of the Code of Criminal Procedure, 1973.
- The application is seeking regular bail in connection with FIR C.R. No.11208053230359 of 2023 registered at Rajkot Taluka Police Station.
- The charges include offences punishable under various sections of the Indian Penal Code and The Protection of Children from Sexual Offences (POCSO) Act.
- The advocate representing the applicant requested the rule to be returnable forthwith, which was agreed upon by the learned APP representing the respondent-State.
Arguments
- The age of the victim is 16 years and 03 months.
- The victim’s statement recorded during the investigation revealed mutual physical attraction leading to love affairs between the accused and victim.
- The victim’s evidence did not support the prosecution’s case.
- The applicant-accused should be granted bail based on the factual aspects and role attributed to him.
- Opposition to regular bail by the learned APP citing the nature and gravity of the offence.
- Investigation completed, and chargesheet filed, with the specific role of the present applicant explained.
- The applicant-accused has been in custody since 17.04.2023.
- The advocates for both parties did not request a further reasoned order.
- The learned APP emphasized that the applicant-accused’s role warrants denial of discretionary power by the Court in their favor.
Analysis
- The learned advocates appeared for both parties and presented their arguments.
- The investigation papers were reviewed by the court.
- The allegations against the applicant were considered.
- The specific role played by the applicant was analyzed.
- The judgment took into account all these aspects to make a decision.
- Investigation completed and charge-sheet filed.
- Victim’s deposition not supporting the prosecution’s case, declared hostile.
- Reference to the case of Sanjay Chandra v. CBI, [2012]1 SCC 40.
- Prima facie view that the case warrants granting regular bail to the applicant.
Decision
- The present application is allowed and the applicant is ordered to be released on regular bail for the FIR C.R. No.11208053230359 of 2023 registered with Rajkot Taluka Police Station.
- The bail amount is set at Rs.15,000/- along with a surety of the like amount to be executed before the trial Court.
- Various conditions are imposed on the applicant including not misusing liberty, not acting against prosecution’s interest, surrendering passport if any, not leaving Gujarat without permission, marking presence at the Police Station, furnishing current address, and not changing residence without permission.
- The applicant will only be released if not required in connection with any other offence.
- In case of breach of conditions, the Sessions Judge can issue a warrant or take appropriate action.
- The trial Court is instructed not to be influenced by preliminary observations made by this Court while granting bail.
- The rule is made absolute to the above extent.
Case Title: RAJ SHAILESHBHAI MAKWANA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8234/2024
