JAYESHBHAI RAVIDASBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Vaibhav Sheth appearing on behalf of the applicant, learned APP Ms.Mehta for the respondent State and learned Advocate Mr.Sankesara for respondent No.2 - original complainant.

(2.) By way of this application, the applicant seeks to be released on regular bail in connection with FIR being C. R. No.I-11199004201770/2020 registered with Ankleshwar City Police Station, District Bharuch on 18/11/2020 for the offence punishable under Ss. 363 , 366 , 328 , 376(d)(a) and 114 of IPC read with Ss. 4 , 6 , 12 and 17 of the Protection of Children from Sexual Offence Act, 2012.

(3.) Learned Advocate Mr.Sheth would submit that the present application is a successive application for grant of regular bail, whereas the applicant having preferred Criminal Misc. Application No.6465 of 2021 herein before, this Court vide an order dtd. 17/6/2021 had permitted the applicant to withdraw the said application with liberty to file afresh before the Trial Court after the evidences of both the victim and the witness were recorded. Learned Advocate Mr.Sheth would submit that the evidences of the victim and her mother have been recorded by the learned Trial Court. Mr.Sheth would submit that the victim as well as her mother have resiled from their statements given at the time of investigation and whereas the said victim as well as the mother of the victim have been declared as hostile by the learned Trial Court. Learned Advocate would submit that the entire case is revolving around the statements of the victim and her mother, and this Court, in view of the fact that both the victim and her mother have not supported the statements made by them before the Investigating Authority, may consider the present application of the applicant for releasing him on regular bail. Mr.Sheth would further rely upon the decision of the learned Coordinate Bench of this Court dtd. 18/2/2022 in Criminal Misc. Application 1767 of 2022, whereby the learned Coordinate Bench had been pleased to release the Accused No.1 on regular bail. Learned Advocate would submit that this Court having considered the application of the said co-accused, more particularly when more serious allegations had been made against the said co-accused, then the same benefit of being enlarged on regular bail may be accorded to the present applicant.