Sangeeta K Vishen,J. - (1.)By this application under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking regular bail in connection with an F.I.R. being C.R.No.I-39 of 2019 registered with Randhikpur Police Station, District: Dahod for the offences under Sections 363, 366 and 376(N) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as "the POCSO Act").
(2.)Mr.Maulik Soni, learned advocate for the applicant has submitted that the incident alleged had taken place on 23.09.2019; however, the F.I.R. came to be registered after unexplained delay of 20 days. It is submitted that the applicant and the victim were having a relationship and the victim had voluntarily gone with the applicant, which aspect is substantiated from the statement dated 09.06.2020 recorded by the Circle Police Inspector, Dev. Baria Circle. Further, a bare perusal of the statement so also, the medical opinion/report, suggests that the relationship between the applicant and the victim was consensual. Further, owing to this relationship, the victim has given birth to a baby boy on 08.10.2020. Considering all the aspects, it clearly proves that the applicant is innocent person and has not committed any offence, as alleged in the F.I.R.
(3.)It is emphasized that so far as the first wife of the applicant is concerned, the applicant is separated as per customary rituals and now, they are no more husband and wife. In view of the customary divorce, the applicant and the victim have shown their willingness to marry each other. Lastly, it is submitted that the applicant is not having any criminal antecedents and considering the nature of offence, the applicant may be enlarged on regular bail by imposing conditions.