P.P.BHATT,J. - (1.) The present successive application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report registered as M.Case No. 01/2018 with Chhotaudepur Police Station, District Chhotaudepur for the offences punishable under Sections 376, 114, 504 and 506(2) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act, 2012.
(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.
(3.) Learned advocate for the applicant submits that the present is a successive bail application after filing of the charge-sheet. Learned advocate for the applicant submits that investigation is over and charge-sheet is submitted, and therefore, now there is no possibility of tampering with the evidence. It is submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offence. It is further submitted that main accused namely Jangubhai Kamlabhai @ Khamla Rathwa has been enlarged on regular bail by the Coordinate Bench of this Court vide order dated 16.08.2018 passed in Criminal Misc. Application No. 13844 of 2018. It is submitted that one of the reasons assigned, while enlarging the said co-accused Jangubhai Kamlabhai @ Khamla Rathwa was the statement of the prosecutrix dated 25.04.2018 exonerating the said co-accused of Section 376 of the Indian Penal Code. It is further submitted that the applicant is having root in District Chhotaudepur and also having responsibility towards his family, therefore, there is no likelihood of his running away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is lastly submitted that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court and, therefore, considering the nature of allegation and gravity of the offence, the applicant may be enlarged on regular bail.;