VIJAY VASUDEV BALAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.I-83/22018 registered with the Sachin Police Station for the offence punishable under Ss. 363, 366, 376(2)(n)(j) of the Indian Penal Code and under Ss. 4, 5(L) and 6 of the POCSO Act.

(2.) Learned advocate for the applicant submitted that the so-called incident has occurred on 27/6/2018 and the FIR has been lodged on 28/6/2018 and in connection with the same, the applicant has been arrested on 20/5/2023 and since then, he is in judicial custody. It is submitted that the investigation is completed and after the submission of the chargesheet, the present application is preferred. It is further submitted that the present applicant and the victim have developed relationship due to attractions towards each other and they have eloped and stayed at Madhya Pradesh for more than 3 years and both are belonging to same community. It is submitted that during the course of investigation, the statement of the victim has been recorded by the IO, wherein she has confirmed about their relationship with her own will and wish. It is, therefore, urged that considering the above facts, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the role of the present applicant is clearly spelt-out from the papers of the chargesheet and, hence, this application may not be entertained.