CHANDRESHBHAI VIKRAMBHAI BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.No.I-28 of 2019 with Jafrabad Police Station, District Amreli for the offences punishable under Sections 363 and 366 of the Indian Penal Code, 1860 and under Section 18 of the Protection of Children from Sexual Offences Act, 2012.

(3.) Learned advocate for the applicant has submitted that the allegations made against the applicant are vague and he has been falsely implicated in the alleged offence. He has further submitted that the applicant has been arrested on 26.01.2020 and has been incarcerated since then. He has also submitted that looking to the FIR, it is clearly transpires that Section 363 of the IPC would not attract because there is love affair between the present applicant and the victim girl and pursuant to that they both were eloped. He has further submitted that on earlier occasion the complainant, who was personally present before this Court through video conference, has stated that the affidavit (dated 27.08.2020) filed by her is voluntarily and without any coercion or any pressure from anyone and due to misunderstanding, the impugned FIR has been filed and the amicable settlement has been arrived at between the complainant and the applicant and she has further stated that she has no objection, if the present applicant is released on regular bail on the ground of settlement. Moreover, the learned advocate for the applicant has submitted that there is delay of three days in registering the FIR, which creates doubt. Thus, he has submitted that the present application may be allowed.