GORDHANBHAI CHHAGANBHAI JAYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as "the Atrocity Act" for short) at the instance of the appellant- original accused for enlarging the appellant on regular bail in connection with FIR being C.R. No.I-18 of 2019 registered with Chalala Police Station, Amreli Rural for the offence punishable under Sections 376(J), 372, 120(B) and 114 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 5 of Immoral Traffic (Prevention) Act, 1956 and Sections 3(2) (5) , 3(1)(R), W(1)(2) of the Atrocity Act.

(2.) Heard Mr. Kishan Prajapati, learned advocate for the appellant and Ms.Monali Bhatt, learned APP for respondent no.1-State and Ms.Bhavika Kotecha, learned advocate for respondent no.2-complainant.

(3.) It is submitted by learned advocate for the appellant that the appellant is innocent person and he has not committed any offence as alleged in the FIR. It is further submitted that looking to the various statements of the victim, she has changed her version and tried to implicate and omit some persons in the alleged offence. It is further submitted that looking to the allegations levelled against the appellant, if believed to be true, no case is made out against the appellant. It is further submitted that from the DNA report, it is found that victim became pregnant with relationship of other co-accused namely Surabhai Shardulbhai Adgada. It is further submitted that the appellant is having no criminal antecedent and is having liability of his family. Considering the nature of allegations, role attributed to the appellant, the appellant may be enlarged on regular bail by imposing suitable conditions. It is requested by learned advocate for the appellant to quash and set aside the impugned order dated 07.09.2019 passed in Criminal Misc. Application No.341 of 2019 by the Additional Special (POCSO) Judge, Rajula rejecting the prayer for releasing him on bail and to allow this appeal granting regular bail.