SURESHBHAI KIRANBHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11823017200148 of 2020 registered with Rajpipla Police Station, District : Narmada for the offences under Sections 363, 366, 376, 376(2)(i), 506(2) and 114 etc. of the Indian Penal Code and under Section 4 of the POCSO Act.

(3.) Mr. Pratik Barot, learned advocate appearing for the applicant, submits that investigation is over and charge sheet is filed. It is his submission that in the charge sheet papers supplied to the applicant, there is no proof regarding the age of the victim. It is his further submission that the victim herself has stated in her statement that she had love affair with the applicant and she had gone with the applicant her own volition. He further submits that considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.