MAHESHBHAI AMRUTBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.11191012211633 of 2021 registered with Danilimda Police Station, Ahmedabad City, District Ahmedabad for the offences under Ss. 498A , 354A , 323 , 504 , 506(2) and 114 of the Indian Penal Code, Sec. 4 of the Dowry Prohibition Act and Sec. 12 of the POCSO Act.

(3.) Learned advocate for the applicant has submitted that the applicant is a public servant serving in the police cadre since 2009 and he is sought to be falsely roped into the alleged offence. The applicant had served his duty by all sincerity and hard-work for which he is given promotion as a Head Constable in the year 2021. At no point of time, any adverse remarks or any kind of complaint is ever reported against the applicant. Since, the applicant is a public servant, the first informant has lodged absolutely baseless and false complaint against him and all his dear and near ones, with a view to mount pressure on them. Further, the complaint is lodged by huge and inordinate delay of more than seven years from the alleged incident and two and half years from the date of which she had left the matrimonial house. It is further submitted by the learned advocate for the applicant that the applicant had met with serious accident in September, 2021 and he had undergone major operation twice thereafter. Since then, the applicant is bed-ridden and he has been advised complete rest by the doctor, who treated him so far.