DAYABHAI HIRABHAI DINDOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11993004200088 of 2020 registered with Bhachau Police Station, District: Kachchh, East-Gandhidham for the offence punishable under Ss. 376(3) and 506(2) of the Indian Penal Code and Ss. 4 and 6 of the POCSO Act.

(2.) Learned advocate for the applicant submits that after lodging impugned complaint, compromise was taken place between the parties amicably and dispute has now been resolved. He further submits that considering the nature of allegations, role attributed to the applicant and settlement arrived at between the parties, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has submitted that there is no change of circumstances in the second application preferred by the present applicant, however, prosecutirx has not supported before the trial court and she turned hostile. That serious offence is committed by the present applicant and therefore, no liberty can be granted by this Court by accepting the prayer of the applicant to release him on bail. Hence, she has requested to dismiss the present application.