MOHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri D.H. Kanthariya for the applicant and learned APP Ms. Moxa Thakkar for the respondent- State.

(2.) By way of this application the applicant prays for being released on regular bail under Section 439 of the Code of Criminal Procedure, 1973 on account of his arrest in connection with the Criminal Complaint being FIR No. C.R. No. Part A- 11822022200039 of 2020 registered with Vijalpor Police Station, Navsari on 10.01.2020 for the offences punishable under Sections 363, 366, 376(2)(J) (N) of the Indian Penal Code and Sections 5(L) and 6 of the Protection of Children from Sexual Offences Act(POCSO).

(3.) It is submitted by learned Advocate Shri Kanthariya that the applicant as well as the prosecutrix/victim were having love affair and whereas both of them were of young age namely the prosecutrix/victim being aged around 17 years at the time of offence and the present applicant being aged around 21 years at the time of offence. He further submits that the applicant and the victim had exchanged garlands and whereas the learned Advocate has no instruction as to whether the said exchange was registered as marriage or not. He further submits that at the relevant point of time the prosecutrix/victim had gone along with the present applicant on her own accord and more particularly looking to the age of the applicant as well as the fact that the applicant is in custody since 12.01.2020, this Court may exercise its discretion and release the applicant on regular bail.