RAJENDRAKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Manan Mehta, the learned APP, waives service of notice of rule for and on behalf of the respondent-State.

(2.) The applicant, by way of this application fled under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being Part-A C.R. No. 11206020220388 (First C.R. No. 48/2022) registered with Kadi Police Station, Dist. Mehsana, for the offences punishable under Ss. 354(A)(1)(1) of the I.P.C. and Ss. 8,10 and 12 of the POCSO ACT.

(3.) It is the submission of learned counsel for the applicant that the applicant has been charged with the offence punishable under Sec. 354(A)(1)(1) of the IPC and under the provisions of the POCSO Act. It is the case of the prosecution that on 2/4/2022, the minor daughter of the complainant, i.e., the victim was called at the shop of the applicant where the applicant tried to make a physical contact with the victim and did unwelcomed and explicit sexual overtures. The learned counsel for the applicant submitted that prior to the lodging of the first information report, a dispute with respect to spilling of the water had already been taken place between the mother of the victim and the accused as they are residing in the same complex, and keeping a grudge of the said incident, false first information report has been fled. The learned counsel, upon instructions, states that if the applicant is released on bail, he will not enter the revenue limits of Kadi Town, District: Mehsana.