SHAILESH BHIKHABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application is filed under Section 439 of the Code of Criminal Procedure in connection with FIR registered as I C.R. No. 17 of 2013 with Khadiya Police Station, Ahmedabad for the offences punishable under Sections 363,366 and 376 of the Indian Penal Code.

(2.) HEARD learned advocates for the parties and perused the papers of investigation, particularly the statement of prosecutrix as well as history given by her and injury certificate given by Medical Officer, Civil Hospital, Ahmedabad. Prima facie, it appears from the certificate that the age of the prosecutrix is above 17 years.

(3.) THE Authorities will release the applicant only if he 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. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.