MAHESBHAI LAXMANBHAI VASAVA 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-200/2017 registered with Ankleshwar City Police Station, District Bharuch, for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and Section 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 victim girl left her parental home willingly and accompanied the present applicant, and therefore, prima facie the ingredients of the alleged offence are not existed in the present FIR. Learned advocate for the applicant submits that the matter is amicably settled between the applicant and the complainant side and the applicant is ready and willing to marry with the victim girl after her attaining the age of majority and the complaint side has no objection if the applicant is ordered to be enlarged on bail and accordingly, the complainant mother of the victim and father of the victim have also filed their affidavits before the learned Sessions Judge, Bharuch. Copies of the said affidavits are also produced on record along with the present application. It is, therefore, submitted that the applicant may be enlarged on regular bail by imposing suitable conditions.