ALPESHBHAI NARESHIBHAI CHAUHAN 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.11211059200168 of 2020 registered with Nani Moldi Police Station, District : Surendranagar for the offences under Sections 363, 366, 376(2)N and 376(C)3 etc. of the Indian Penal Code and 5(L), 5(J)(2), 5(N), 6 and 18 etc of the POCSO Act.

(3.) Mr. Niyalchandani, learned advocate for the applicant, submits that the investigation is over and charge sheet is filed. He further submits that there was love affairs between the applicant and the victim, who was aged about 15 years and 9 months at the time of incident. He further submits that the matter is settled with the complainant. He further submits that the complainant is the father of the victim, who has also filed affidavit in support of the application stating that he has no objection if the applicant is released on bail since the matter is settled between him and the applicant. He submits that considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.