JIGARBHAI NANJIBHAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 439 of the Criminal Procedure Code, the applicant is seeking regular bail in connection with FIR being 11195051230023 of 2023 for the offences registered under Ss. 363 , 366 , 376(2)(n) , 376(3) , 506(2) of IPC and Sec. 4,6 and 17 of the POCSO Act.

(2.) Heard learned advocate Mr. Sunil Trivedi for the applicant and learned advocate Mr. Tushar Chaudhary for the respondent- original complainant and learned APP Mr. Utkarsh Sharma for respondent-State.

(3.) As per the FIR registered, by one Rajubhai Joshi, stated that one of his daughter that is the victim, on 10/1/2023, at around 08:00pm left the home by saying that she is going to the residence of his brother and thereafter after some time one of cousin of the first informant told him that he saw a person forcibly taking the daughter in a silver colour car. Therefore, they started searching the daughter of the complainant and ultimately at around 10:30 at night the silver colour car had come and from the running car the daughter of the complainant was dropped. The car was driven by the present applicant and the daughter of the complainant was very much afraid and started crying ultimately once she was consoled she submitted that while she used to go school, the present applicant used to meet her and talked to her at around 08.00 pm on the date of incidence, when she was going to her uncles residence, the present applicant along with one Gopalbhai Joshi came to her with a car without having any number plate and forced her to sit in the car. The car was driven by the co-accused Gopal and ultimately the present applicant was sitting on back seat of the car held the victim girl, took the car towards a canal and ultimately twice the present applicant raped the victim girl. In view of that the present applicant was arrested.