KISHAN RAMJIBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No. 11210008220023 of 2022 registered with Sarthana Police Station, Dist. Surat, for the offence punishable under Ss. 376(2)(N) , 376(DA), 376(3), 114 of the Indian Penal Code, Ss. 3(A), 4, 5(G)(L), 6, 7, 8, 9(G)(L) , 10, 17, 18 of the Protection of Children from Sexual Offences Act, 2012 and Ss. 66(E) , 67, 67(A) and 67(B) of the Information Technology Act, 2000.

(2.) It is the submission of learned counsel for the applicant that he is suffering confinement since 3/1/2022. He further submitted that the applicant has not alleged to have played any vital role in the alleged offence. Hence, further detention of the applicant is unwarranted.

(3.) Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.