Nihar Ranjitbhai Barad vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1459

SAMIR J. DAVE
Nihar Ranjitbhai Barad – Appellant
Versus
State Of Gujarat – Respondent

Advocates Appeared:
For the Applicant : Mr. A.J. Yagnik.
For the Respondent: Mr. Param R. Buch, Ms. C.M. Shah.

JUDGMENT :

1. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No.11186001220465 of 2022 registered with Girgadhda Police Station, Gir-Somnath, for the offences punishable under Section 354A of IPC and under sections 10 and 18 of POCSO Act.

2. Heard learned Mr. A.J. Yagnik for the applicant and Ms. C. M. Shah, learned APP assisted by learned Advocate Mr. Param Buch for the respondents.

3. Brief facts leading to filing of present application are that:

3.1 That on 08.07.2022 at around 10:30 am in the morning the daughter of complainant went to school and when she came back home in the evening and started crying and informed her mother that she will not attend the school because today, when she was alone in the classroom during recess time, one of her teachers i.e. accused- Nihar Barad asked her and her classmate viz. Vidhya to decorate the school. Thereafter, the accused asked Vidhya to go outside for some work and took out a knife and held the victim and moved his hands inappropriately on private parts of the victim and thereafter the victim ran away from the room. On the nex