ANKIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant, by way of this successive application filed under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being I-C.R. No.66 of 2018 registered with Bhaktinagar Police Station, Dist. Rajkot, for the offences punishable under Ss. 363 , 354(A) and 506 of the IPC and Sec. 12 of the POCSO Act as well as Sec. 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act .

(2.) Mr. M.I. Saiyed, learned advocate for the applicant has submitted that, the applicant was earlier granted regular bail, however, due to unavoidable circumstances, he could not remain present before the Court, as a result, non-bailable warrant was executed and the applicant was taken into custody. Since September-2022, the applicant is behind bars and the trial proceedings is still going on. In these circumstances, he has submitted that, as earlier he was extended the benefit of bail, the Court may exercise its judicial discretion in favour of the applicant.

(3.) Opposing the bail plea, learned APP Ms. Asmita Patel appearing for the respondent-State submitted that, if bail is granted, then, the applicant will again try to see that the trial proceedings may not proceed and therefore, considering the past conduct of the applicant, judicial discretion may not be exercised in his favour.