SALIM BABUBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP and learned advocate for the original complainant waive service of notice of Rule for and on behalf of the respondent Nos.1 and 2 respectively. By way of the present application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), 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.11210025243787 of 2024 registered with Limbayat Police Station, District Surat for the offences punishable under Ss. 376, 376(2)(N), 376(2)(J), 376(3), 342, 323, 114 and 506(2) of the Indian Penal Code, 1860 and Sec. 3(a), 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act (for short "POCSO Act").

(2.) Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is not named in the FIR. Whatever allegation of sexual assault made by the complainant is against accused No.1, who happens to be the nephew of the present applicant and as marriage of accused No.1 and victim was not solemnized and not accepted by the present applicant being uncle of accused No.1, present applicant is implicated in the offence. The allegation against the present applicant is that he sexually harassed the victim and except this no any allegation. Further, the applicant is not having any past antecedent. Hence, now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

(3.) Considered the objections raised by the learned advocate for respondent No.2.