KIRANBHAI RANJITBHAI CHAUHAN 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-65/2017 registered with Chhani Police Station, Vadodara City, for the offences punishable under Sections 363 , 366 and 376 of the Indian Penal Code and Sections 4, 6 and 7 of the POCSO Act.

(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 and there was a love affair between two. It is further submitted that the applicant and the victim girl used to meet frequently and the victim girl accompanied the applicant willingly. Learned advocate for the applicant, upon instructions, states that applicant is ready and willing to marry with the victim girl on attaining the age of majority and to this effect undertakings of the applicant as well as his father namely Ranjitbhai Chauhan are placed on record. It is further submitted 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 young boy aged about 19 years and having root in Vadodara 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.