SURESHBHAI BHUPATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant - accused under Section 439 of the Code of Criminal Procedure for grant of Regular Bail in connection with C.R. No.I- 56 of of 2019 registered with Tarapur Police Station, Anand for the offences punishable under Sections 363 , 366 , 376 of the Indian Penal Code and Sections 4, 6 and 18 of the POCSO Act.

(2.) Pursuant to the Rule having been issued in the present proceedings, the matter is taken up for hearing. Learned advocate Mr. Vishal K. Anandjiwala for the applicant has contended that the applicant is an innocent person and has been wrongly arraigned in the prosecution case. In fact, no offence is committed by the applicant and it is with consent and full concurrence of the prosecutrix, who was aged about 17 years, 5 months and 19 days at the relevant point of time and has on the contrary requested. As a result of this, both were away with consent. On Account of full of love, both the applicant and the prosecutrix went away at various places but no force is applied and what has been narrated is not occurred, which tantamount to be a commission of the offence. In fact, there is a statement recorded by the Investigating Officer specifically on 8.11.2019 of the prosecutrix, whereby she has in terms stated that no force is applied by the applicant nor the applicant has committed any offence. On the contrary, both with consent have eloped. Even in the certificate issued by RH & CHC, Tarapur, history has indicated that both were having relation prior to 10 months and no force is applied by the present applicant. As a result of this, now, since the charge-sheet has already been filed, there is no likelihood of tampering with the witnesses nor there is likelihood of any prejudice being caused to the case of the prosecution and additionally, learned advocate under instruction has specifically submitted that the present applicant would like to keep himself away from Anand District till the entire trial is over which would not give any chance to misuse the liberty, even to the applicant. As a result of this, by imposing such condition, since the charge-sheet has been submitted, the applicant may be enlarged on bail.

(3.) To the aforesaid submission, learned Public Prosecutor Mr. A min has submitted that this statement which has been recorded might be under the influence of the applicant and further, in trial, she may take a different stand and if the applicant is enlarged on bail, same would prejudice the trial and also the case of the prosecution. However, considering the age of the prosecutrix and the statement which has been recorded, Mr. Amin has left the matter to the discretion of this Court.