PRAKASH NARSINHBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants - accused have prayed for anticipatory bail in connection with the FIR being C.R. No. 11197057211993 of 2021 registered with Waghodiya Police Station, Dist. Vadodara (Rural) for the offences under Ss. 363 , 120B and 114 of IPC and under Ss. 80 and 81 of the Juvenile Justice (Care and Protection) Act , 2015.

(2.) Facts and circumstances giving rise to file present application is that, on 15/10/2021, the complainant, Sangitaben came to be admitted at Jarod Referral Hospital, where, she delivered a child on the same day and after getting discharge from the said hospital on 18/10/2021, she went to her parental home at village: Lilora. It is alleged in the FIR that on 20/10/2021, while she went to sleep after feeding her child. When she awoke in mid night, she could not find her child and after search in the neighbourhood, there was no clue of the child. Accordingly, at 9-05 PM, a complaint came to be lodged against unknown person for the abduction of infant aged about 6 days under Sec. 363 of the IPC. Pursuant to the FIR, the authorities carried out investigation and arrested 7 persons. The investigating agency submitted a report for addition of Ss. 120B and 114 of IPC and Ss. 80 and 81 of the Juvenile Justice (Care and Protection) Act , 2015. During the investigation, it reveals that a principal accused no. 1- Narendrakumar Ranjan was earlier serving with E.M.E. Army Head Quarter at Vadodara, had good relation with one Kismat Pravin Parmar, serving in the same department. The principal accused wanted to adopt child as since long, his wife could not conceive. The principal accused asked Kismat Parmar to do the needful for the adoption of the child. Mr. Parmar introduced the present applicant Prakash Makwana and gave his cell number. The applicant Prakash introduced the accused to Kalpesh Rathod for adoption of child. It further reveals that since 26/10/2021, the present applicant, Kalpesh Rathod and principal accused were in touch with each other through mobile phone. The present applicant and Kalpesh Rathod, assured the principal accused that they will provide new born baby for which, no formality of adoption is required to be followed. The applicant and co-accused Kalpesh Rathod demanded Rs.4,00,000.00 for the act and accordingly, the principal accused paid Rs.2,20,000.00 to the applicant Prakash Makwana by cheque and Google pay. The principal accused also paid Rs.80,000.00 to Kalpesh Rathod on 21/10/2021. The accused No.1 had been in Vadodara from 14/10/2021 to 21/10/2021. The investigation further reveals that on 21/10/2021, the co-accused Kalabhai and his son Mahesh along with Raman Dholabhai, abducted the infant and with the aid of co-accused Pravinbhai Devi Pujak, Dakshaben and Kalpesh Rathod, and handed over the abducted infant to accused No.1 and wife at Vadodara and while handing over the child, they told that the mother of the infant voluntarily consented for adoption and therefore, the accused No. 1 accepted the infant. In the aforesaid background facts, the accused had hatched the criminal conspiracy to abduct the infant for their financial benefits, whereby, they have committed an offences as referred in the FIR.

(3.) This Court has heard learned counsel Mr. Nasir Saiyed, for the applicant and Mrs. Krina Calla, learned APP for the respondent State.