ARVIND KANTIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .', for short) the applicant has prayed for his release on regular bail in connection with FIR being C.R.No. 11191035221021 of 2022 registered with Naroda Police Station for offences punishable under Ss. 363 and 376(B) of Indian Penal Code and under Sec. 3(a) , 4 , 5(M) and 6 of Protection of Children from Sexual Offences, Act, 2012.

(2.) As per the FIR, the applicant, who is aged about 35 years old and who happens to be friend of the complainant, visited the residence of complainant on 12/9/2022. He firstly made phone call to the complainant, sought permission and then visited the house of the complainant. Thereafter, having come to know that daughter of complainant is suffering from leg-pain, he offered to give her massage. After giving massage, he asked the complainant that he wanted to have coffee which he would bring from the shop and he also asked the complainant to take her daughter Siya with him. The complainant allowed the applicant to take his daughter with him. After a long time since neither the applicant nor the daughter of the complainant return, the complainant along with his wife went outside for search of both of them i.e. daughter Siya and the applicant. As soon as he found his daughter Siya on bike along with the applicant, his daughter started crying. Upon inquiry, victim [daughter of the complainant] narrated the incident complaining that applicant took her towards some place like jungle where he removed her leggies down and inserted his hand in her private part. Meantime, as per the FIR, the applicant disappeared leaving motorbike there only and when the complainant asked him to come back, he did not return. Thereafter the complainant brought her daughter back to house and filed the complaint.

(3.) Learned advocate Mr.Mansuri submitted that the present applicant is the only bread-winner of his family and because of his arrest since 13/9/2022, his entire family is suffering and, therefore, he may be enlarged on bail.