HITESH RAMESHBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No. 182 of 2018 registered with Nikol Police Station, Ahmedabad for offence under Ss. 376(A)(B), 363, 354(B) of the Indian Penal Code and Ss. 7, 8, 9(M), 11(vi), 12 and 3(C), 4 of the POCSO Act.

(2.) Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP submits that the trial is at the fag end and only three witnesses are remained to be examined, wherein on the last occasion, two witnesses were present however, they could not be examined on account of the Lockdown due to Pandemic.