DIVYESHBHAI BHIMSHINGBHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicants under Section 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. I-31 of 2017 with Jetpur Pavi Police Station, District: Chhotaudepur for the offences punishable under Sections 363 , 366 , 506(2) and 114 of the Indian Penal Code, 1860 (for short, 'the IPC ') and Sections 3, 4, 16 and 17 of the POCSO Act.

(2.) Heard, Mr. Gondaliya, the learned advocate for the applicants and Mr. H. K. Patel, the learned Additional Public Prosecutor for the respondent - State. 2.1 The learned advocate for the applicants submits that the applicants are innocent persons, however, they have been falsely implicated in the offence. He submitted that the ingredients of the offences alleged against the present applicants are not established in the case on hand. He further submitted that there is a delay of about 03 days in lodging the FIR for which, no satisfactory explanation is forthcoming on record. The learned advocate for the applicants further submitted that only with a view to pressurize the main accused, present applicants being family members of the main accused, have been arraigned in the crime in question. Besides, now substantial investigation is over and no further custodial interrogation may be required. 2.2 It is also submitted that by the learned advocate for the applicants that the applicants have roots in Chhotaudepur District and are also having responsibility towards family and are not likely to run away and their presence can be secured during trial by imposing the the suitable conditions.

(3.) The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offence. It is submitted that charge-sheet is yet to be filed in the case and hence, there being possibilities of tampering with the evidence, it is requested that the applicant may not be enlarged on bail.