RAHUL RAMESH PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No.I- 46 of 2018 with Bagodara Police Station, District Ahmedabad, for the offences punishable under Ss. 376(1)(2)(B)(J)(R)(i)(n), 376(B) and 114 of the IPC.

(2.) Heard learned APP Mr. L. B. Dabhi for the Respondent-State.

(3.) Learned APP Mr. L. B. Dabhi appearing for Respondent-State submits that the applicant accused is involved in very serious offence of 376 of the IPC and he has committed rape of the mentally retarded girl. Therefore, if he will be released on bail and there is all possibility that he may jump the bail or may involve in such type of offence again. He also submits that he is the permanent residence of Rajasthan and he may be released on bail, it is difficult to secure his presence during the pendency of trail. He also submits that when the applicant is involved in such a serious offence of sec. 376 of the IPC, the discretion of regular bail under sec. 439 of the Code of Criminal Procedure may not be exercised in favour of present applicant.