VIJAYSINH @ VAJUBHA CHANDUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of rule for the respondent-State.

(2.) The present application is filed under Sec. 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No.11189005240637 of 2024 registered with Morbi Taluka Police Station, Morbi, for the offences punishable under Ss. 363, 366, 376(2)(n), 376(2)(j) and 376 (3) of the Indian Penal Code, 1860 read with Ss. 3(1)(r), 3(1)(s), 3(2)(vi), 3(2)(v) and 3(1)(w)(i) of the of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocity Act") and Ss. 5(L) and 6 of the POCSO Act.

(3.) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. It is submitted that investigation is over and charge-sheet is filed. Applicant is in jail since 14/5/2024. It is further submitted that the allegations against the applicant is that he has abetted the offence. It is submitted that incident occurred on 13/2/2024 and complaint is filed belatedly on 29/3/2024. Similarly situated co-accused has been enlarged on bail and therefore submits that, considering the nature of the offence, the applicants may be enlarged on regular bail by imposing stringent conditions.