In a recent judgment by the Gujarat High Court, bail has been granted in the case of FIR No. 11187007231023 of 2023. The offences under Sections 363, 366, 376(2)(N) of the Indian Penal Code and sections 4, 5(L), 6, and 17 of the POCSO Act, 2012 were involved. This decision marks a significant development in the legal realm, ensuring justice is served while upholding the rights of the accused. #BailGranted #GujaratHighCourt
Facts
- The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail.
- The FIR was registered at Santrampur Police Station, District: Mahisagar for offences under Sections 363, 366, 376(2) (N) of the Indian Penal Code and sections 4, 5(L), 6, and 17 of the POCSO Act, 2012.
Arguments
- The prosecution lacks evidence to connect the present applicant with the incriminating crime.
- No role of the applicant emerges from the FIR and there are no allegations of force against the applicant.
- Investigation is complete regarding the present applicant, with only the charge sheet pending.
- The applicant has a good reputation in society and keeping them in jail serves no useful purpose.
- The applicant is willing to abide by any conditions imposed by the Court if granted bail.
- The Additional Public Prosecutor opposes the bail application citing the nature and gravity of the offense.
- The main accused has already been granted bail, indicating a need for the applicant’s application to be considered.
- The applicant’s advocate argues that the applicant is innocent and falsely implicated in the complaint.
Analysis
- Three main factors considered by the court: prima facie case, availability of applicant at trial, tampering/harming witnesses
- Applicant’s role seen as that of an abettor
- Applicant not likely to flee as per advocate
- Applicant in custody since 03.04.2023
- The law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40
- Nature of allegations made against the applicant in the FIR are considered
- Exercise of discretion in favor of the applicant for granting regular bail
Decision
- The applicant is ordered to be released on regular bail in connection with FIR No.11187007231023 of 2023.
- The offences involved are under Sections 363, 366, 376(2)(N) of the Indian Penal Code and section 4, 5(L), 6, and 17 of the POCSO Act, 2012.
- The bail bond to be executed before the learned Trial Court with specific conditions.
- The conditions include not influencing witnesses, maintaining law and order, providing proof of address, and surrendering passport if applicable.
- The applicant must report to the concerned Police Station regularly and surrender passport to the Trial Court if possessed.
Case Title: DIVANSINH BHARATBHAI BHURSINGBHAI MACHHAR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9603/2024
