KALUBHAI 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.11196007200683 of 2020 registered with Gorva Police Station, Vadodara City for the offences under Sections 363, 366 and 376 etc. of the Indian Penal Code and under Sections 4, 6, 8 and 12 of the POCSO Act.

(3.) Mr. Imtiyaz Dayma, learned advocate appearing for the applicant, submits that investigation is over and charge sheet is filed. He further submits that the victim is aged more than 17 years. It is further submission that the FIR which is lodged by the father of the victim itself reveals that there is a love affair between the applicant and victim. He submits that the victim had gone with the applicant on her own volition without there being any threat or coercion. He, therefore, submits that looking to the nature of allegation and evidence, the applicant may be enlarged on regular bail on appropriate condition.