ASGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a successive bail application filed by the applicant in connection with F.I.R. registered as C.R. -I No. 47 of 2019 with Amreli City Police Station, District : Amreli, for the offences punishable under Ss. 376, (2)(L), 376(2)(J), 376(2)(N), 376(3), 377, 354(A)(D),, 341, 504, 506(2), 34 and 114 of the IPC and Ss. 4, 6, 8, 12, 14, 17, 18 of the POCSO Act, Ss. 67, 67(A), 67(B) of the Information Technology Act.

(2.) Learned advocate for the applicant submits that applicant is innocent person and has not committed any crime as alleged in the FIR. It is submitted that no prima facie case is made out and no evidence is adduced on record until now against the present applicant. It is also submitted that without admitting but merely for the sake of arguments even if the case of the prosecution is believed to be true in its entirety, then too it amounts a non-penetrative offence which under Sec. 7 of the POCSO Act and for which the maximum punishment provided by the statute is for the period of 5 years, whereas the applicant is in jail since 2/7/2019, hence he is in custody more than 3 years for the alleged offence and the trial is not likely to be completed in near future and therefore, detaining the applicant for such a long time would not be served any purpose. Hence, it is requested by learned advocate appearing for the applicant to allow present application by releasing the applicant on bail.

(3.) Learned APP appearing for the respondent-State has objected the submissions made by learned advocate appearing for the applicant, submitting that the applicant has committed serious offence and the trial Court has rightly rejected the prayer of the applicant to release him on bail. It is further submitted by the learned APP that there is prima-facie case against accused, if the accused be released, then he would indulge into similar activities again. Hence, it is requested by learned APP appearing for the respondent State not to entertain the present application.