1. This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11191037220165 of 2022 registered with Odhav Police Station, Ahmedabad City for the offences punishable under Sections 376, 376(2)(n) and 376(3) of the Indian Penal Code and under Sections 3(a), 4, 5(L), 6 and 18 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

2. Learned Advocate for the applicant submitted that the victim girl was in a love relation with the applicant and she had voluntarily joined the applicant and since the victim had eloped with the applicant, it was not approved by the family members of the victim girl and hence, an offence was registered. It is further submitted that there is nothing adverse in the medical report even if it is considered to be a case of sexual assault. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

3. Learned Additional Public Prosecutor submitted that even if it is considered to be a case of consent, considering the age of the victim, no discretion may be exercised in favour of the applicant.

4. Heard learned Advocates on both the sides and perused the material on record. It appears that the victim girl was in a friendly relation with the applicant from a very long time and had also eloped with the applicant. Further, as per the statement, the said fact was known to the victim girl’s mother and her uncle and this led to some quarrel between them. Considering the facts and circumstances of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

5. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the First Information Report being C.R. No.11191037220165 of 2022 registered with Odhav Police Station, Ahmedabad City on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned trial court;

[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.