KANUBHAI RAMANBHAI BHURIYA 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-125/2017 registered with Katvara Police Station, Dahod for the offences punishable under Sections 363 , 376(d) , 506(2) and 114 of the Indian Penal Code and Sections 3, 4, 16 and 17 of the POCSO Act.

(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 applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that from the other chargesheet papers as well as the FIR, there is no prima facie case against the present applicant for committing alleged offence. It is further submitted that the applicant and the victim-girl were known to each other and they were having relationship between them since long and from the statement of the victim-girl, she has left her parental house voluntarily, and therefore, the prima facie the ingredients of alleged offences are not attracted qua the present applicant and the victim-girl is aged about 16 years and 10 months. It is further submitted that the other co-accused has been released on bail by the learned Sessions Court and the applicant 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 Dahod 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.