NILESHBHAI MAHESHBHAI MAACHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicant original accused No. 1, seeking regular bail under Section 439 of Cr.P.C., in connection with the FIR being I-C.R. No. 80 of 2019 registered with Nabipur Police Station, District Bharuch for the offences punishable under Section 376 of the Indian Penal Code & Section 4 & 5 of the Prevention of Children from Sexual Offences Act, 2012, after withdrawal of the earlier application being Criminal Misc. Application No. 7957 of 2020 on 25.06.2020.

(2.) It is sought to be submitted by the learned advocate Mr. Prateek Bhatia for the applicant that the chargesheet has already been filed in the case and the applicant is ready to abide by any condition that may be imposed by the Court, and the present application be granted.

(3.) However, the learned APP Ms. Moxa Thakkar appearing for the respondent State vehemently opposed the present application and has placed reliance upon the SMSs that had been exchanged between the applicant and the victim. She also submitted that the victim was hardly aged 15 years at the time of the alleged incident and therefore no lenient view be taken.