JIVAN MITHU JOGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Rajesh K. Shah for the applicant and learned APP Ms. Moxa Thakkar for the respondent-State.

(2.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for being released on regular bail in connection with F.I.R. registered as C.R. No.11205031200093 of 2020 on 06.03.2020 with Mandvi Police Station, District:-Kutch-Bhuj, for the offences punishable under Sections 363, 366, 376(1) and 376(2)(i)(n) of the Indian Penal Code and Sections 3, 4, 5(L), 6, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

(3.) Learned Advocate Mr.Rajesh Shah for the applicant submits that while the allegations levelled against the applicant are prima facie serious, but at the same time this Court may consider the fact that from a perusal of the complaint as well as documents of the charge-sheet, it appears that the applicant and the victim were having love affair. He further submits that the applicant and the victim are residing in the same vicinity and belong to the same community and the age of the applicant being around 18 years when the alleged crime has been committed may also be considered by this Court and this Court may release the applicant on regular bail subject to any stringent conditions that may be thought fit and proper by this Court.