VASAVA KAMLESHBHAI CHANDRESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicants have prayed for enlarging them on regular bail by exercing the powers under sec. 439 of the Criminal Procedure Code in connection with FIR date 17/2/2022 being C. R. No. 1119902822069 of 2022 registered with Jhagadiya Police Station, District:- Bharuch for the offences punishable under Sec. 363, 366, 376 (D) and 114 of the Indian Penal Code r/w Sec. 4, 6 and 17 of POCSO as also Sec. 3 (1) (r) (s), 3 (2) (5), 3 (2) (5-a) and 3 (1) (w) (I) of Atrocities Act.

(2.) Heard learned advocate Mr. Vaibhav Sheth appearing for the applicant and learned APP Ms. Jirga Jhaveri appearing for he respondent - State.

(3.) Learned advocate Mr. Sheth for the applicant submitted that though in the FIR as well as in the statement of the victim, she has categorically stated that she was gang raped by each of the accused persons, in fact at the time of medical examinations, she gave name of three persons only i.e. Vishal Vasava, Kamlesh Vasava and Manoj Vasava. Learned advocate Mr. Sheth also drew the attention of this Court to the page no. 137 of the paper book and submitted that semen fraction was found on the cloth of Shahil Shabbir Mogal and not from the present applicants and therefore, the applicants are required to be enlarged on bail.