ANJALIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As per the Report dtd. 24/2/2022 of the learned 14 th Additional District Judge, Rajkot, the respondent No.2 has left the place and when sent for service of notice, the respondent No.2 was contacted on the mobile phone but the respondent No.2 declined to accept the said notice. Hence, it has come back unserved. Considering the above, it appears that the respondent No.2 does not want to defend the matter, where the respondent has been made a party to the proceedings in compliance of Sec. 15A of the Prevention of Atrocities (Scheduled Castes and Scheduled Tribes) Act . Thus, in absence of the respondent No.2, the matter be proceeded with.

(2.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11208002211447 of 2021 registered with Aji Dam Police Station, Rajkot City for the offences punishable under Ss. 363 , 366 , 376 and 114 of the Indian Penal Code, under Sec. 4 and 17 of the POSCO Act, 2012 and under Ss. 3(2)(v), 3(1)(w)(i) of the Atrocities Act.

(3.) Learned Advocate for the applicant submitted that the victim girl was aged 16 years and 10 months as stated in the complaint. It is stated that the present applicant was in a friendly relationship with the co-accused - Shivam and further, the victim had left on her own to see the accused on the motor cycle of the co-accused - Sanjay Bhalara. Further, the son of the complainant had then called on 27/9/2021 informing that the victim girl was found. It is stated that the victim girl informed her mother that the present applicant had made accommodation for her to see the co-accused - Shivam. It is also submitted that the victim girl herself had asserted to see the co-accused and as alleged, the present applicant had informed the victim girl that the co- accused - Sanjay would come on his motor cycle. The allegations are to the effect that the applicant had informed the victim girl to sit on the motor cycle. It is submitted that the applicant would have no knowledge about any further relation of the victim with the co- accused and the only allegations that could be attributed to the present applicant is that of accommodating the love relationship between the co-accused and the victim girl and it cannot be considered to be abetting the accused in the alleged act of sexual harassment nor has the victim girl attributed the same to the present applicant. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.