ROHANBHAI DINESHBHAI KAHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) 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.11823017231861 of 2023 registered with the Rajpipla Police Station, Narmada of the offence punishable under Ss. 376(2)(n) of IPC.

(3.) Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 11/2/2024 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation is now over and charge-sheet has also been filed which has been placed on record. Learned advocate for the applicant has submitted that the applicant-accused and the victim girl developed intimacy towards each other and one fine day, both of them on their free will and volition, left their respective houses and eloped, and during that period, they went at various places in a public transport vehicle and stayed with each other for cople of days, which fact has also been narrated by the victim girl in her statement recorded by the police. Thereafter, they both came back and after a period of almost 45 days, the present FIR has been filed under duress. It is also submitted that at the time of alleged offence, the victim girl was major aged about 19 years. Further, the applicant-accused is a young boy having no past antecedents. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.