PANCHAL NAYAN RASIKBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR at Annexure-A being C.R. No.I-149 of 2016 registered with Gambhoi Police Station, District Sabarkantha for offences under Sections 395, 323, 504, 354(a)(2), 427, 337 of Indian Penal Code and under Section 135 of the Gujarat Police Act and under Sections 11(iv), 17 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The learned advocate Mr. Gadhvi, for the applicant, submitted that the alleged incident is nothing but a result of the clash between two groups of different communities and the applicant has been falsely involved in the offences alleged in the FIR. It is submitted that in the FIR subsequently, the offence under the Protection of Children from Sexual Offences Act, 2012 (POCSO) is added just to see that the applicant may not get the anticipatory bail. He has submitted that from the side of the applicant a complaint against the group of the people from the side of the informant was lodged and the persons from the side of the applicant had received serious injuries and as a counter blast the present FIR is lodged against the applicant and other persons from the side of the informant.

(3.) Learned APP, Mr. Soni, submitted that tha applicant and other accused are alleged to have committed serious offences including offence under the POCSO Act and since the investigation is in progress, the Court may not exercise discretion in favour of the applicant under Section 438 of eh Code.