LAWS(GJH)-2021-4-254

NARESH JAYANTILAL KOLI Vs. STATE OF GUJARAT

Decided On April 28, 2021
Naresh Jayantilal Koli Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present bail application has been filed under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with FIR being C.R. No.11822015200021 of 2020 registered with Jalalpor Police Station, Navsari for the offences punishable under Sections 363, 366, 376(2)(j)(n) of the Indian Penal Code and Sections 4, 5(1) of the POCSO Act.

(2.) The learned counsel appearing for the applicant submits that the applicant is behind the bar since 10.1.2020. The chargesheet has already been filed against the applicant. It is submitted that the complainant being a mother of the prosecutrix has filed the affidavit in support of the bail application stating, inter alia, that there is an amicable settlement between the parties. Under the circumstances, it is submitted that the application may be allowed.

(3.) Learned APP has opposed the bail application contending that considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.