BHARATBHAI JASMATBHAI BARVALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. The present bail application has been preferred by the applicant/ accused to get regular bail U/s.439 of the Code of Criminal Procedure, in connection with the offence registered at Amroli Police Station vide Part-B C.R.No.11210004200092/ 2020 for the offence punishable U/s.376(3), 376(2)(j)(n), 376(D,A), 506(2), 114 of the Indian Penal Code , under Sections 3 , 4 , 5(G)(L) , 6 , 7 , 8 of the Protection of Children from Sexual Offences Act, 2012 and under Sections 3 , 4 , 5 , 6 of the Immoral Traffic (Prevention) Act, 1956.

(2.) The brief facts of the case are that, prior to filing of the complaint, the minor victim, daughter of the complainant was found upset since one week, and when the complainant asked the reason, she narrated that since three months back, the accused Bharatbhai @ Darbar Karsanbhai had taken away the victim under the pretext of offering job for her and committed sexual intercourse with her against her will. The victim also stated that the accused Bharatbhai @ Darbar Karasanbhai had indulged her in prostitution by inducing repayment of money borrowed by her father and the present applicant/accused and other accused had committed sexual intercourse with her, and hence, complaint was lodged by father of the victim. Thereafter, applicant/accused was arrested and sent to judicial custody and hence, applicant/accused approached learned Sessions Court by filing Criminal Misc. Application No. 554 of 2020 seeking bail but vide order dated 29.01.2020, learned Special Judge (POCSO Act) and Additional Sessions Judge, Surat rejected the request of the applicant releasing him on bail. Thus, present application has been filed by the present applicant.

(3.) Heard learned advocate for the applicant and learned APP for the respondent-State. Learned advocate for the applicant submits that On perusal of statement of the victim, no allegation of use of victim for immoral human trafficking is made against the applicant/accused. The victim and the applicant/accused are not known to each other, and present applicant/accused has not committed sexual intercourse with her. No any article was recovered from the place of incident, as such, there is no evidence of rape being committed. On perusal of entire complaint, nowhere it is alleged that the applicant/accused has induced, abducted or lured the victim for prostitution. The conduct of the victim and her father is unnatural. There is no prima-facie involvement of the present applicant/ accused in serious offence of rape. That, in the bail application filed by the present applicant before the learned Sessions Court, original complainant has filed his affidavit stating that the matter is settled and complainant has no objection if the applicant/accused is released on bail. Lastly, he has stated that this is a fit case wherein discretion can be used in favour of the applicant/accused and hence, it is prayed to allow the application and release the applicant/accused on regular bail.