IMPORTANT POINT
Anticipatory bail can be granted keeping in view old age and medical condition of accused.

ORDER (ORAL)

Heard learned Senior Advocate Mr. Nirupam Nanavaty for the applicant and learned Additional Public Prosecutor Mr. L. B. Dabhi on behalf of the respondent-State.

2. By way of this application under Section 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail in connection with FIR No. 11218009220115 of 2022 registered with Kamlabaug Police Station, District Porbandar on 19.03.2022 for offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and Section 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012.

A. Learned Senior Advocate Mr. Nanavati would take this Court through the FIR as well as the affidavit filed by the Investigating Officer before the learned Sessions Court and the order passed by the learned Sessions Court and would submit that while initially when the prosecutrix had appeared before the concerned Police Station, the case of the prosecutrix was that she had traveled from Porbandar out of her own volition to Chotila and from Chotila she had gone to Gandhinagar where she had gone to the house of the applicant and upon the daughter of the applicant calling up the mother-in-law of late son of the applicant one Tarunaben where the prosecutrix was employed she had been informed that the parents of the prosecutrix have submitted a complaint before the concerned Police Station as regards the prosecutrix being missing and whereas thereupon, on the next date, the applicant had dropped her to the Police Station at Porbandar. Learned Senior Advocate Mr. Nanavati would submit that since the prosecutrix did not want to return to her parents and since parents also were not willing to take back the prosecutrix, the prosecutrix on 22.03.2022 had been sent to one Sakhi One Stop Center at Porbandar i.e. Non-Governmental Organization and whereas it is later i.e. approximately after eight days that the prosecutrix had changed her stand and had alleged that the present applicant had offered beer to the prosecutrix at Junagadh and after she had consumed the same, the present applicant had raped her. Learned Senior Advocate Mr. Nanavati would submit that this is a clear case of the applicant qualifying her stand. Learned Senior Advocate Mr. Nanavati would further submit that the present applicant had in no way asked the prosecutrix to leave the house of Tarunaben or leave her parents and join him rather at same point of time since the applicant was in need of a domestic help, he had asked the parents of the prosecutrix whether they would be willing to send the prosecutrix with him and whereas the present applicant was also ready to take care of the educational expenses of the prosecutrix and wheres upon the parents of the prosecutrix not agreeing, the matter had ended there. Learned Senior Advocate Mr. Nanavati would submit that the prosecutrix having come to the house of the applicant of her own volition and it further appears that at both the houses i.e. at Junagadh as well as at Gandhinagar, daughters of the present applicant were present and further considering that there was an improvement by the prosecutrix, and further considering the age of the present applicant which is stated to be around 61 years, it is requested that the applicant may be considered for grant of anticipatory bail.

3. The applicant having initially approached the learned Sessions Court, praying for the very selfsame relief of being released on anticipatory bail, having not succeeded before the learned Sessions Court, has approached this Court.

4. Learned Senior Advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

Learned Senior Advocate for the applicant on instructions states that the applica