MAHESHBHAI PRATAPGIRI BAVAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Premal Rachh, learned advocate for the applicant and Mr.Pranav Trivedi, learned APP for the opponent State through video conference. Rule. Mr.Trivedi, learned APP waives service of notice of rule for and on behalf of the respondent ? State.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Una Police Station, Gir Somnath vide I ?C.R.No.28 of 2019 for the offences punishable under Sections 363 , 366 , 376(2)(J)(N) , 376(3) of the Indian Penal Code and under Section 3 ?A, 4, 5 L, 6 and 18 of Protection of Children from Sexual Offences Act, 2012.

(3.) The learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. He has submitted that the age of the victim as per FIR is 16 years and 08 months and it is also submitted that there is an engagement of the victim and the present applicant accused. Moreover, there was cross relationship and the girl of the applicant family was engaged with the boy member of the family of the victim. But due to some reason the another relationship, which was cross relationship had been broken. Therefore, the parents of the present applicant wants to break the relation and engagement with the present applicant. The victim and present applicant were engaged for marriage but due to some dispute the marriage had not taken place. He has further submitted that present applicant is fiance of the victim. He has also submitted that the victim had pressed the applicant to go outside and thenafter when she became major they will marry and due to the pressure of the victim girl as alleged they went outside and as per case of the prosecution and as per information the statement of the victim is that there was physical relationship and due to that victim is pregnant. He has also submitted that the victim did not want to go to the house of the parents and, therefore, she is in shelter home (Nari Sanrakshan Gruh). He has also submitted that considering the fact and circumstances it is not the case that the accused had kidnapped the minor girl and thereafter raped her against her will. But here in the present case, the situation is different to some extent and the main factor is age of the girl and at last he has submitted that present applicant will not jump out the bail if granted and abide by all the conditions.