LALJIBHAI MOHANBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail as the applicant is apprehending arrest in connection F.I.R. bearing I-C.R.No.48 of 2019 registered with Datha Police Station, Bhavnagar for the alleged offences punishable under Sections 363 and 366 of the Indian Penal Code.

(2.) Heard, learned advocate for the applicant as well as learned Additional Public Prosecutor Mr.J.K.Shah.

(3.) Mr.Chintan Gandhi, learned advocate for the applicant, has submitted that the applicant is an innocent person and has wrongly been arraigned in the prosecution. On the contrary, due to love and affection, both the applicant and the daughter of the complainant, with consent, have eloped, since the parents were not cooperating and there is no offence as alleged is committed by the applicant. It has been pointed out that on the contrary, the daughter of the complainant, who is aged about 17 years and 8 months, has also filed an affidavit stating that she on her own has gone with the applicant and in fact, on 4.3.2020 at Surat, they both have actually married as per Hindu rites and rituals and as such, no offence can be said to have been committed. Be that as it may, the applicant is ready and willing to cooperate with the investigation and would like to abide by any of the conditions which this Court may deem fit to impose. In view of all these circumstances, a request is made to grant anticipatory bail.