ROSHAN SAHEBRAO PATIL 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-221/2017 registered with Bardoli Police Station, Surat for the offences punishable under Sections 363 , 366 and 376(2)(k)(n) , 506(2) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Heard learned counsel for the applicant as well as learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submitted that the original complainant and the victim-girl are present before this Court and the averments of the affidavit are admitted by them. It is further submitted that the matter is amicably settled between the complainant as well as victim-girl and the present applicant and to this effect that the affidavit was filed by the complainant before the learned Principal District and Sessions Court, Surat, whereby the complainant has specifically stated that the matter is amicably settled between the private parties due to intervention of certain elder persons of their community and now the complainant and the victim-girl have no objection if the application for regular bail is considered. It is further submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. Moreover, the substantial part of the investigation is over. It is further submitted that from the FIR, there is no prima facie case against the present applicant for committing alleged offence. It is further submitted that the applicant is not having any criminal antecedent and is ready and willing to abide by the terms and conditions that may be imposed by this Court and therefore, there is no possibility of tampering with the evidence. It is further submitted that applicant is having roots in District Surat and having responsibility to look after his family, and therefore, he is not likely to run away or abscond and his presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.