The court granted bail based on the completion of investigation and the nature of allegations, emphasizing the need for specific conditions to prevent misuse of liberty.

ORDER :

(M.R. MENGDEY, J.)

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11191032240335 of 2024 registered with Maninagar Police Station, Ahmedabad. 

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application, inter alia, contending that the present applicant had established physical relations with the prosecutrix on the basis of false promise to marry her. The applicant had also obtained some money from the prosecutrix and had also captured the intimate moments between them on the mobile-phone and on the basis of the same, he used to blackmail the prosecutrix. He, therefore, submitted to dismiss the present application.

5. Learned advocate for the original complainant has also opposed the present application, inter alia, contending that the applicant never had an intention to marry the prosecutrix. However, with an intention to establish physical relations, a false promises of marriage were made by the present applicant to the prosecutrix. The applicant had also tried to blackmail the prosecutrix on the basis of the intimate photographs of prosecutrix captured by him in his mobile-phone. She, therefore, submitted to dismiss the present application.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. As per the case of prosecution, the present applicant had established physical relations with the prosecutrix on the basis of false promise to marry her. The record indicates that the applicant and the prosecutrix had gone to various places where the physical relations were established between them though the prosecutrix had consented for the said relationships on the basis of the false promise to marry her. It is also alleged against the present applicant that the he had captured the photographs of intimate moments of them on his mobile-phone and on the basis of said video-graphs and photographs were sent by him to the prosecutrix for the purpose of blackmailing.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(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 his 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 Trial Court;

(g) not enter area o