HARSH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No. 11191065211802 registered with Narol Police Station, Ahmedabad City for offences punishable under Sec. 363, 366, 376(2)(N) and 376(3) of IPC and Sec. 3, 4, 5(L), 6, 8, 9(L), 10, 11(6) and 12 of the POCSO Act.

(2.) Learned advocate for the applicant submitted that charge- sheet has been filed and trial has also commenced. There was a love affair between the applicant and the victim. At the relevant time, the victim had left her home to join the company of the applicant at her own free will and volition. Further, in the trial, the victim has given contradictory versions. The applicant is a young boy aged around 20 years. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP submitted that the offence alleged against the applicant is serious in nature and that if released on bail, he would flee justice and would not be available for trial. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.