GOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 50 of 2002 with Tharad Police Station, District Banaskantha for the offences punishable under Sections 363, 366, 376 of the Indian Penal Code and under Section 3(2)(5) of the Atrocity Act.

(2.) Heard Mr. Jiger K. Mehta, learned advocate for the applicant and Ms. Maithili Mehta, learned APP for the respondent?State.

(3.) Learned advocate for the applicant submits that the complaint was registered against the present applicant is of the year 2002 and at that time the victim was aged 17 years. He submitted that though in the chargesheet the age of the victim is shown as 14 years, but, as per the medical papers in the chargesheet, the age of the victim is shown as 17 years and it was a case of love affair but the same could not be culminated into marriage and thereafter subsequently the applicant and the victim both have married and have settled their life. Learned advocate for the applicant submitted that it is alleged that the applicant has absconded for some period but thereafter he came to be arrested by virtue of issuance of warrant, but, in fact the applicant has married in the same village Changda and his having movable and immovable property over there and he is only the source of livelihood for his family and the applicant has responsibility of four minor children, and therefore, considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.