LEKHRAJBHAI ISHWARLAL VARDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for enlarging on Regular Bail in connection with FIR No. I-CR 53/2019 registered with Deesa City North Police Station, District Porbandar for the offences punishable under Sections 376(1)(n) and 114 of IPC.

(2.) Heard learned Advocate Mr. Pankaj S. Chaudhary for the Applicant and learned APP Mr. L.B.Dabhi for the Respondent State through Video Conference.

(3.) Learned Advocate for the Applicant has vehemently submitted that pursuant to the contents of the FIR the victim was mentally ill since birth and pursuant to the medical papers also, including the DNA test, which is positive for the other co-accused named Rameshbhai Bhikhabhai Kahar who was found consistent as biological father of new born baby and not the present Applicant Accused. Further, the learned Advocate for the Applicant has placed reliance upon the observations made by the Medical Officer, General Hospital, Deesa (B.K.) wherein the accused could not gave semen samples for referring it for the specialist opinion. Learned Advocate for the Applicant has further placed reliance on injury certificate of the Medical Officer, Civil Hospital, Ahmedabad whereby the Applicant herein Lekhrajbhai Ishwarlal Varde (Khatri) was examined on 22.2.2020 and was found impotent. Learned Advocate for the Applicant has further submitted that the Applicant Accused is innocent. He has family roots in the society and therefore, he is not likely to flee away from justice. That the charge sheet is filed. That he will abide by whatever conditions imposed by the Hon'ble Court. He has further vehemently submitted that there is no direct involvement of the Applicant Accused in the present case so far as allegation is concerned. There are no antecedents against the Applicant Accused. It is further submitted that there is no recovery. He has therefore prayed that discretion may kindly be exercised and grant bail to the Applicant Accused.