ASHOKBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-60 OF 2019 registered with Devgadh Baria Police Station, District : Ahmedabad for the offences under Sections 363, 366, 376(N)(C-3) and 114 etc. of the Indian Penal Code and under Sections 4, 6, 6 and 17 of the POCSO Act.

(3.) Mr.Kadri, learned advocate appearing for the applicant, submits that the investigation is over and charge sheet is filed. It is his further submission that it is eminently clear from the statement of the victim that there was love affair between her and the applicant. He, therefore, submits that considering the peculiar facts o the case that the applicant may not be denied bail only on the ground that the victim is aged about 17 years. He further submits that the applicant has no criminal antecedents of any nature. He, therefore, submits that considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.