KISHAN NARSINHBHAI SOLANKI 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.11218009201515 of 2020 registered with Kamlabaug Police Station, District : Porbandar for the offences under Sections 376(2)(f), 376(2)(j), 376(2)(n) and 376(3) etc. of the Indian Penal Code and under Section 3 and 8 of the POCSO Act.

(3.) Ms. R.V.Acharya, learned advocate appearing for the applicant, submits that the affidavit of the Investigating Officer reveals that there was love affairs between the applicant and the victim. She submits that the applicant and the victim are ready for marriage, however, because of their age, they are not able to marry. She further submits that there is opposition from the respective families for marriage. She further submits that looking to the nature of allegations and the fact that there is love affairs between the applicant, who is aged about 19 years and the victim who is aged about 15 years and 8 months at the time of incident, the applicant may be enlarged on appropriate terms and conditions.