HITESHBHAI NARVATBHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application for regular bail under Section 439 of the Code of Criminal Procedure in connection with the FIR being I-CR No. 38 of 2019 registered with Rajgadh Police Station for the offences punishable under Sections 363 , 366 , 376 , 506 , 2(N) , 114 of the IPC and Sections 6 and 17 of the POCSO Act.

(2.) As per the case of the prosecution, the present applicant and his friend Mukesh both went on a motor cycle on the date of incident and it is alleged that the prosecutrix was forcibly taken on a motor bike, where, Mukesh is alleged to have had physical relation with her during the night hours. Admittedly, the prosecutrix is a minor and therefore, the provisions of POCSO has employed.

(3.) This Court has issued rule and learned APP Ms. Mehta appeared. On hearing learned advocate Mr. Dagli, he has emphatically pointed out to the Court that Mukesh and the prosecutrix both have love affair for a long time. The applicant virtually has no role to play. He is a young boy aged 22 years having no antecedents. His future would become bleak. The trial is likely to take some time in wake of COVID-19 and therefore, he should be granted regular bail with a stringent terms and conditions. The charge-sheet is also filed and there is no explanation for delay in lodgment of FIR and his case cannot be equated with the co-accused Mukesh who is directly involved.