MUKESH BHUVANBHAI DODAVA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-2-9
HIGH COURT OF GUJARAT
Decided on February 05,2021

Mukesh Bhuvanbhai Dodava Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

A.P.THAKER, J. - (1.) Heard learned advocates appearing on both sides through video conferencing. Rule. Learned APP waives of notice of rule on behalf of the respondent-State. With the consent of both sides, the matter is taken up for final hearing today.
(2.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR No.11218003200307 of 2020 registered with Bagvadar Police Station, District:Porbandar for the offences under Sections 363, 366 and 376 of the Indian Penal Code as well as Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012.
(3.) Mr.Rajesh Shah, learned advocate for the applicant submits that in view of earlier order passed by this Court in Criminal Misc. Application No.12849 of 2020, since three months are completed and since evidence of the victim has not started, the applicant had approached the trial Court for bail. However, such application is rejected by the trial Court only on the ground if the applicant is released, he will threaten the victim, as suggested by investigating officer. He further submitted that the applicant and victim were having love affair and there was consent. He also submitted that they are labourers and they are hailing from State of Madhya Pradesh. He submitted that the applicant is not likely to flee away from justice and, therefore, the applicant may be enlarged on regular bail by imposing suitable conditions. He assured the Court that the applicant will abide by all such conditions.;


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