LAWS(GJH)-2020-12-1306

ASMITABEN KHUMANSING KADAKIYA Vs. STATE OF GUJARAT

Decided On December 21, 2020
Asmitaben Khumansing Kadakiya Appellant
V/S
STATE OF GUJARAT Respondents

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. 120 of 2018 registered with Dahod Town Police Station, District : Dahod for the offences under Sections 363, 366, 376(I)(N) and 114 etc. of the Indian Penal Code and under Section 3, 4 and 8 of the POCSO Act.

(3.) Mr. Japan Dave, learned advocate for the applicant, submits that investigation is over and charge sheet is filed. He further submits that vague allegations are made against the applicant. It is his submission that the victim had gone with the co-accused Nilesh on her own volition and free will. It is his further submission that coaccused Nilesh is released on bail by Juvenile Board and co-accused Khumansinghbhai Kadakiyabhai Muniya is released on regular bail by the Coordinate Bench of this Court. He further submits that considering the fact that the applicant is a lady accused and she may be enlarged on appropriate terms and conditions.