DINESH 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.11191040200773 of 2020 registered with Sardarnagar Police Station, District : Ahmedabad for the offences under Sections 363, 366, 376(2)(n) and 376(3) etc. of the Indian Penal Code and under Section 3(a), 4, 5(1), 6 and 12 of the POCSO Act.

(3.) Mr.S.R.Keshwani, learned advocate for Mr.R.J.Goswami learned advocate appearing for the applicant, submits that the investigation is over and charge sheet is filed. It is his further submission that it is eminently clear from the statement of the victim that there was love affair between her and the applicant. He further submits that the child is born from the relationship between the applicant and the victim. He, therefore, submits that considering the peculiar facts of the case that the applicant may not be denied bail only on the ground that the victim is aged about 15 years. He further submits that the applicant has no criminal antecedents of any nature. He, therefore, submits that considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.