VIJAYSINH VAJESINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive regular bail application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11207036200783 of 2020 registered with Kalol Police Station, District- Panchmahal for the offences punishable under Sections 363, 366, 376(2)(g), 342, 323, 506(2) and 114 of the Indian Penal Code and under Sections 4 and 12 of the POCSO Act.

(2.) Heard learned Advocate Mr. Y. V. Vaghela for the Applicant and learned APP Mr. Dharmesh Devnani for the Respondent State through Video Conference.

(3.) The brief facts of the case are that a complaint came to be filed by one Ramanbhai Rumalbhai Chunara stating that he is residing at Village- Gutardi, Vaghri Vas, Taluka - Savli, District - Vadodara with his family and is working in Bajaj Company as a worker since last 15 months. It is further stated in the FIR that they are five sisters and two brothers, out of which his younger brother Ganpatbhai had expired long back and he has three children, Hetalben is married at Village- Kada, Hiralben aged 16 years and younger brother Pritesh. That Hiral and his brother Pritesh were residing at their maternal uncle's home - (Dhulabhai Koyabhai Chunara) since childhood at Naranpura Village, Taluka - Kalol. On 02.08.2020, Hiral went to his maternal uncle's home at Village - Naranpura along with Pritesh for Rakshabandhan. That on 04.08.2020, the complainant received a phone call from his brother-in-law - Dhulabhai Koyabhai Chunara at about 2.30-3.00 p.m. that Hiral has gone somewhere and is missing since yesterday night. That on inquiry, Hiral was found in the house of one Vijaybhai Vajesinh Rathod, and therefore, the complainant and other family members had gone there with other villagers, where Hiral was found in the house of Vijaybhai and she had received injuries near eyes and on stomach and some blood spot was also found on her clothes. That Hiral informed that on the date of incident when she was sleeping, at about 2.00 O'Clock in the night hours, Chirag Vijaybhai Rathod of the said village abducted her from her house and told her to get married with him and thereafter Chirag had committed the alleged offence as stated in the FIR and thereafter on the next day morning, near Narmada Canal, Chirag's parents i.e. Meenaben and Vijaybhai arrived and took her to their house where she was beaten up by Meenaben and Vijaybhai , therefore, the present FIR came to be lodged against Chirag for the alleged offences punishable under IPC and POCSO Act.