ANOPSINH SAMANTSINH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No.11204028220125 of 2022 with Kapadvanj Rural Police Station, District Kheda, for the offences punishable under Ss. 363, 366, 376(2)(n) , 465, 467, 471, 212 and 114 of the IPC and under sec. 3 (a), 4, 5(l), 6, 12, 17 of POCSO Act.

(3.) Learned advocate for the applicant submits that the daughter of the complainant was in love affair with accused no.1 and both wanted to marry with each other, however, it seems that the said relations were not accepted by the father of the victim and therefore, ultimately victim herself eloped with accused no.1 otherwise applicants are just relatives of accused no.1 and therefore, false creation of FIR against the applicants cannot be ruled out. He also submits that looking to the report filed by the police dtd. 11/4/2022, it clearly appears that accused no.1 took the victim to the home of applicants and applicants have provided shelter to both the parties and nowhere it is the case of prosecution that the victim was kidnapped and kept forcibly at the home of the applicants. He also submits that as per the affidavit of the Investigating Officer, applicant no.1 has provided shelter to and also signed as witness in marriage registration form and also registered the marriage and thus, the applicant no.1 has nothing to do with above said offence and therefore, considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.