JITESHBHAI @ JIGO KANTIBHAI NAYKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.I-148/2012 registered with Valsad Rural Police Station, District Valsad, for the offences punishable under Sections 363 , 366 and 376 of the Indian Penal Code.

(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offences. It is submitted that the applicant and victim girl were known to each other and having love affair between them. It is further submitted that from the statement of victim girl, prima facie the ingredients of the alleged offences are not attracted qua the present applicant. It is further submitted that the applicant was aged about 19 years at the time of alleged incident and now he is aged about 24 years. It is further submits that charge-sheet is submitted, and therefore, now there is no possibility of tampering with the evidence. It is also submitted that the applicant is having root in Valsad District and also having responsibility towards his family, therefore, there is no likelihood to his run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is lastly submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by imposing suitable conditions.