AMITBHAI RAYJIBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri M.M. Kharadi for learned Advocate Shri M.A. Kharadi for the applicant and learned APP Ms. Shruti Pathak 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 in connection the Criminal Complaint being FIR No. I-45 of 2019 registered with Damavam Police Station, Panchmahal for the offences punishable under Sections 363 and 366 of the Indian Penal Code and Section 12 of the Protection of Child from Sexual Offences Act, 2012 (POCSO) .

(3.) Learned Advocate Shri Kharadi submits that the applicant and the prosecutrix were having love affair but at the relevant point of time when the prosecutrix had left her parental home which resulted in filing of the said criminal compliant she had eloped on her accord and according to learned Advocate Shri Kharadi who has relied upon affidavit filed by the prosecutrix dated 06.01.2021 which is directed to be taken on record, the prosecutrix has stated that since her father was intended to marry her which marriage was not to her approval she had left her parental home and she had gone to Vadodara where she was doing labour work. The prosecutrix she says that after the police had apprehended her, after she had turned 18 years she has refused to go to her parental home and she had gone with the present applicant with whom she had married. Considering the said affidavit, learned Advocate submits that the applicant may be released on regular bail.