VIJAYBHAI ABHESINH BAMANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I - 15 of 2017 with Morva (Hadaf) Police Station, District Panchmahal, for the offenses punishable under Sections 363, 366 and 506(2) of the Indian Penal Code and Section 4 of the POCSO Act.

(2.) 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 both are in love and have decided to marry, but as the complainant-father of the victim and other family members were not agreed, and therefore, the victim lady has her own willingness left the parental house and accompanied the applicant. It is further submitted that they have solemnized marriage and in support thereof the Certificate of Registration of Marriage is also produced on record at Annexure-B to the application. It is further submitted that the nature of allegations are such for which custodial interrogation of the applicant, at this stage, is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant, upon instructions, states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offences.