KASHIM AKHTARHUSSAIN MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. Bhamre states that he has an instruction to appear on behalf of the Complainant. He further states that he shall file his appearance during the course of the day. He further states that the prosecutrix as well as her parents are present in the Court.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I - 89 of 2015 with Vaghodiya Police Station, Vadodara for the offenses punishable under Sections 363 and 366 of the Indian Penal Code and Sections 3 and 4 of the Protection of Children From Sexual Offences Act, 2012.

(3.) Learned advocate for the applicant submits that the applicant is ready and willing to perform marriage with the prosecutrix. He further submits that he shall file an undertaking before this Court that as and when the prosecutrix attains the age of majority i.e. 18 years of age, the applicant would enter into a legal marriage with the prosecutrix. 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. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.