(1.) Heard Mr.Nilay Patel, learned advocate for the applicant and Ms.Moxa Thakker, learned Additional Public Prosecutor for the respondent - State through Video Conferencing. At this stage, Mr.Manan Paneri, learned advocate has submitted that he has instruction to appear on behalf of the original complainant and seeks permission to file his appearance during the course of a day. Permission as sought for is granted.
(2.) The present application successive is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No. 11822022201882 of 2020 registered with Vijalpor Police Station, District: Navsari for the offences punishable under Sections 366, 376 (2) (J) (N) etc. of of the Indian Penal Code and Sections 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012.
(3.) Mr.Patel, learned advocate for the applicant has submitted that the applicant is in jail since 25.08.2020. He has submitted that the as soon as the victim reaches the age of majority, the victim and the applicant is going to marry with the consent of their parents. He has submited that being a young boy, the applicant may be enlarged on bail. He has also submitted that the applicant will abide by all the conditions that may be imposed by this Court. He has submitted that the settlement has been arrived at between the parties and the affidavit to that effect is placed on record. He has further submitted that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.