DASHARATHBHAI MADHABHAI BHANGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I-49 of 2016 registered with Vadali Police Station, Sabarkantha for the offence under Sections 363 , 366 and 376 of IPC and Sections 4, 5(L), 18 of POCSO Act.

(2.) Heard Shri D.A.Sankhesara, learned counsel for the applicant and the learned Public Prosecutor through Video Conferencing.

(3.) Learned Advocate for the applicant submits that due to oversight the complete sections have not been mentioned in the prayer clause. As such, the Court may consider and incorporate all the sections mentioned in the charge-sheet. Learned counsel for the applicant submits that the applicant was granted regular bail on 05.10.2016. That he never misused the bail, however, on wrong facts an application along with affidavit was filed by the complainant for cancellation of the bail on the ground that the applicant had threatened the victim and her husband. It is further submitted by learned counsel for the applicant that no complaint was ever made and it is only on the basis of the application and affidavit filed before the Court below that the bail has been cancelled. Learned counsel further states that the applicant although has never given any threat, ensures that no threat will be extended to the complainant or her family members. 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.