NIKHILKUMAR MANUBHAI BHAMBHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for respondent - State of Gujarat.

(2.) By way of the present application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11209024200993 of 2020 registered with Jadar Police Station, District Sabarkantha for the alleged offences as mentioned in the FIR.

(3.) Learned advocate Mr. Prajapati for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice. He further submits that before entering into the allegations levelled against the applicant in the impugned FIR, he would like to bring to the notice of this Court certain sequence of events. He submits that on 21/10/2020, present applicant had fled with the complainant and therefore one FIR has been registered by the mother of the complainant viz. Rekhaben Babubhai Parmar against the applicant as well as complainant. Thereafter, they were arrested and on 5/11/2020 complainant was released on bail. The custody of the complainant has been handed over to her mother and thereafter on 30/11/2020, present FIR has been registered by the complainant. He further submits that in fact on 21/10/2020, present applicant had gone along with the complainant and their marriage was solemnized on 22/10/2020. Copy of the certificate of marriage registration is also produced on record. The applicant has also produced on record the photographs of their marriage. He further submits that the applicant and other accused persons have preferred quashing petition before this Court and considering the aforesaid overall facts of the present case, the Coordinate Bench of this Court has protected the applicant and other accused persons. The said petition is withdrawn by the applicant recently on 28/2/2025. He further submits that the investigating officer has invoked the provisions of POCSO Act and preferred an application for addition of Ss. of POCSO Act , which was ultimately granted by the learned Court concerned. The applicant is apprehending his arrest and therefore present application is preferred. He further submits that as per the case of the prosecution, the incident is occurred during the period between 1/2/2020 to 21/10/2020, whereas, FIR is registered on 30/11/2020. Thus, there is gross delay in registering the FIR. The FIR is registered after the custody of the complainant is handed over to her mother. Thus, considering the aforesaid factual aspects, anticipatory bail application of the applicant may be entertained.