JASVANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I ?114 of 2018 registered with Kalol City Police Station, District Gandhinagar for offence under Sections 363 , 354(A)(B) , 376(C) 3 , 342 and 328 of the Indian Penal Code and under Sections 4, 12 and 17 of the POCSO Act, is filed by the applicant on the ground of change of circumstances.

(2.) Learned Advocate appearing on behalf of the applicant submits on 05.04.2019, present applicant has withdrawn the application filed before this Court which was filed after filing of the charge ?sheet. However, thereafter, recently on 12.07.2019, Co ? ordinate Bench of this Court has considered the case of the co ?accused Viralbhai Hareshbhai Vaghela against whom similar type of allegations are levelled.

(3.) Learned advocate for the applicant has referred the report given by the Investigating Officer to the concerned Sessions Court on 16.11.2018 on the basis of the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. From the said report, it is submitted that similar type of allegations are levelled against the co ?accused Viralbhai Hareshbhai Vaghela who has been enlarged on bail by the Co ?ordinate Bench of this Court. He, therefore, urged that on the gro8und of parity, case of the applicant be considered.