PANKAJBHAI ABHAYSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under s ection 438 of the Code of Criminal Procedure, 1973, the applicants - accused have prayed for anticipatory bail in connection with the FIR being I - C. R. No. 8 o f 2 0 1 7 , registered with Dhanpur Police Station, District: Dahod for the offences punishable under sections 363 and 366 of the Indian Penal Code, 1860 ( IPC ) and sections 3 , 4 , 16 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

(2.) Heard learned advocate Mr. Padmraj K. Jadeja for the applicants and learned APP Mr. Hardik Soni for the respondent - State through video conference.

(3.) The learned advocate for the applicants has submitted that the applicants are apprehending arrest in connection with the aforesaid FIR. It is submitted that the learned 3rd Additional Sessions Judge, Dahod @ Limkheda has rejected the application filed by the present applicants for grant of anticipatory bail. The learned advocate for the applicants has submitted that the applicants are charged with the offence punishable under sections 363 and 366 of the IPC and also under the POCSO Act, however, the applicant No. 1 - original accused No. 1 and the victim girl have got married. To substantiate the said fact, he has produced on record a copy of Marriage Certificate vide Annexure 'B' to this application. He, further, invited attention of the Court to the affidavits (Annexures 'E' and 'G' to this application) duly affirmed by the original complainant, the father of the victim girl, to the effect that parties have arrived at an amicable settlement as well as the applicant No. 1 and the victim have happily married. Accordingly, in the facts and circumstances of the case, it is urged that present application may kindly be allowed and the applicants may be granted anticipatory bail.