JIGNESHBHAI NAVLUBHAI NAYKA 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 I-C.R. No. 76 of 2019 registered with Dharampur Police Station, District : Valsad for offences punishable under Sec. 376(D) and 114 of IPC and Sec. 4 and 6 of the POCSO Act.

(2.) Learned advocate Mr. Bharda appearing for the applicant submitted that the complainant, who happens to be the mother of victim, has been examined before the Court below. However, she has not supported the prosecution case. In fact, the victim has also not supported the version alleged in the impugned FIR. Thus, the complainant and the victim have been declared hostile. Hence, the prosecution case would probably fail before the Court below and it was, accordingly, urged to enlarge the applicant on regular bail.

(3.) Heard learned advocate for the applicant and perused the material on record. The allegations levelled against the applicant in the impugned FIR are very serious in nature. The applicant is alleged to have played a major role in the alleged offence punishable u/s. 376(D) of IPC . Merely because the complainant and / or the victim has not supported the prosecution case does not mean that the prosecution case would fail. The prosecution could definitely place reliance upon the relevant part of the deposition of hostile witnesses that supports of its case. Hence, considering the facts and circumstances of the case, this Court does not find any reasons to entertain this application.