PRITESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being Part-B-C.R. No.11822021220007 registered with Navsari Rural Police Station, District : Navsari for offences punishable under Sec. 376(2)(j)(n) , 323 , 504 , 506(2) and 114 of IPC and Sec. 4(1)(1) and 6(1) of POCSO Act.

(2.) Ms. Devangi Tanna learned advocate for the applicant submitted that the complainant victim at the time of the FIR was aged about 19 years. She was residing with her father and step-mother and as per the complaint while she was staying at her real mothers house, she came in contact with the present applicant and the FIR suggests that both remained friends for about three years and gradually developed love relationship and then when the victim got pregnant they decided to get married. On 20/12/2021 as per the history given before the Medical Officer both the families had gathered at Shiv Mandir, Dharagiri for the marriage ceremony but during that period there was quarrel between the family members and therefore, the FIR came to be lodged. Ms. Tanna relying upon the affidavit of the applicant as well as the parents, submits that the applicant is still willing to marry the victim since the child is out of love relationship. She further submits that POCSO Act ought not to have been invoked in the matter. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Mr. Pranav Trivedi learned APP submitted that complaint has been given by the victim herself and thus, taking into consideration the said fact, he prayed that no discretion may be exercised in favour of the applicant.