ANAND PRABHUBHAI MORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I-167/2017 registered with Pandesara Police Station, Surat City, for the offences punishable under Sections 363, 366 and 376(2)(N)(J)(I) of the Indian Penal Code and Sections 4, 5(L) and 6 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 other, having love affair and the victim girl left her parental home willingly. 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 matter is amicably settled between the applicant and complainant side and the complainant has no objection if the applicant is ordered to be enlarged on bail and the complainant has also filed the affidavit to this effect before the concerned trial Court and a copy of the said affidavit is also produced at Annexure-C to the application. It is also submitted that the applicant is a young boy aged about 22 years and having root in Surat 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, 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.