JAYDEV GOVINDBHAI METALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I- 11211031210297 of 2021 registered with Limdi Police Station, District: Surendranagar for the offences under Ss. 363 , 366 , 376(2)(j)(n) and 114 of the Indian Penal Code,a s well as Ss. 3(A) , 4 and 18 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Mr. Shukla, learned advocate for the applicant submits that the charge-sheet has been submitted in this case and the investigation is also over. The victim was 17 years and 6 months old. There was a love affair between the applicant and the victim as per the statement of the girl before the Police and the statement before the Medical Officer also. The family of victim came to know about the love affair and therefore, engagement was done of the victim. The victim voluntarily ran away with the applicant. There was consensus relationship between the applicant and the victim. The applicant is agriculturist and he is the only earning member and responsible for his family. He is in judicial custody since 28/12/2021. Mr. Shukla, learned advocate for the applicant submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Mr. Kodekar, learned APP appearing on behalf of the respondent-State has opposed the bail application and submitted that the victim was minor at the time of offence. Both, applicant and the victim are resident of same village and therefore, if the applicant is released there are chances of applicant misusing the liberty. Looking to the nature and gravity of the offence, Mr. Kodekar, learned APP has prayed to reject the bail application of the applicant.