JUDGMENT :

V.M. Pancholi, J.

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No. I-26 of 2017 registered with Talod Police Station, District Sabarkantha, for offence under Sections 363, 366 and 376 of the Indian Penal Code and Sections 5(L), 6, 11(4) and 18 of the Protection of Children from Sexual Offences Act.

2. 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.

3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

6. This Court has considered following aspects,

(a) the applicant is aged about 25 years. He is in Jail Since 16.11.2019;

(b) investigation is over and charge-sheet is filed;

(c) it is submitted that now, the dispute is amicably settled with the first informant. Affidavit of the first informant is placed on record at Page-38;

(d) it is also submitted that the victim has also filed an affidavit, which is placed on record at Page-41;

(e) in the aforesaid affidavits, it is stated that the dispute is amicably settled between the parties and, therefore, if the present applicant is enlarged on bail, the first informant and victim have no objection;

(f) learned advocate Y.J. Patel appearing for the original first informant and victim has also submitted that the dispute is amicably settled and, therefore, the first informant and the victim have filed affidavits;

Thus, in the aforesaid facts and circumstances of the present case, without further going into the merits of the case, I am inclined to consider the case of the applicant.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. I-26 of 2017 registered with Talod Police Station, District Sabarkantha, on executing a personal bond of Rs. 10,000/- (Rupees Ten 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 the India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] 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;

9. 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. It will be open for the concerned Cour