SATANI GHANSHYAMBHAI DEVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11217026230384 of 2023 with Patan Taluka Police Station, Patan, for the offences punishable under Ss. 366, 376(2)(N), 376(3), 201, 506(2) and 114 of the Indian Penal Code and Ss. 3(A), 4(2), 5(L), 6 and 17 of the POCSO Act

(2.) Learned advocate appearing for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. Learned undefined advocate for the applicant has submitted that applicant has nothing to do with an offence and he is falsely enroped in the offence. It is submitted that the allegation against the present applicant is that he is harbouring the victim girl and accused, except this no allegation is made out against the present applicant. It is further submitted that allegation relating to abetment pertaining to commission of actual offence punishable under IPC or POCSO Act is clearly missing in the facts of the present case. It is submitted that nothing is required to be recovered or discovered from the applicant. It is submitted that applicant is readily available to join the investigation as and when required. In view of the above, the applicant may be granted anticipatory bail.

(3.) Per contra, learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. Learned APP has submitted that offence is serious in nature and against the woman undefined It is submitted that applicant has played active role in the offence as the applicant is harbouring the victim, he was knowing fully well that she is a minor. Hence, custodial interrogation is required and he requested to dismiss the present application.