JUDGMENT :

1. Rule. Learned App waives service of notice of Rule for and on behalf of Respondent-State.

2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No.11185008220005 of 2022 with Vadinar marine Police Station, District Devbhumi Dwarka for the offences punishable under Sections 354(A) 1, 354(B) and 506(2) of the Indian Penal Code read with sections 8, 12, 18 of the Protection of Children from Sexual Offences Act, 2012.

3. The brief facts of the present case are as under:

3.1 That on 20.01.2022, at about 11:00 am in the morning when the complainant alongwith her family returned to their home from village Sikka, she found that her husband – accused is present in the house. Thereafter, the complainant went to the adjacent house of her sister-in-law Fatma and her children were playing in the market and at that time, she heard the voice of the victim who is aged 12 years and 7 months only was shouting and coming out from the house and upon asking the victim that why she was shouting, the victim informed the complainant in presence of other people that when she was alone in the house, her father accused caught hold the hand of the victim and drove her in to the house and moving his hand inappropriately on the chest part of the minor victim girl and also physically molested her. However, the victim was successful in break forth the clutch of her father and she ran away from the house and started shouting. Therefore, the complainant quarreled with the accused and the accused in presence of other people has declared that he wanted to marry her minor daughter i.e. victim. The complainant has also stated that earlier also before about 25 days, the same incident had taken place with the victim when she was sleeping in the house and the complainant was afraid of her husband as he has threatened the complainant that if she will inform anything about this incident to anyone, he will kill all the family members. Therefore, the FIR came to be lodged with Vadinar Marine Police Station for the commission of aforesaid offences.

4. Heard learned advocates for the respective parties.

5. Learned Advocate Mr. Parth Adhyaru appearing for the applicant submits that the complainant in the present FIR is the wife of the applicant and both the husband and wife i.e. applicant herein and the complainant are not having good marital relations since long and the disputes are going on between them since long. As the disputes are going on between both the spouse, the complainant has used the prosecutrix for making such vague allegations and by which to twist arms of the present applicant. He submits that as per the case of the prosecution, the offence is alleged to have occurred before 25 days, whereas the FIR is registered only on 21.01.2022. Thus, the delay on the part of the complainant suggests that the same has been filed after great deliberations, concoctions and fabrications with a view to falsely involve the applicant in the crime in question. The applicant is father of the prosecutrix and therefore, it cannot be believed that such act can be done by him. It is further submitted that as per marital relations of the complainant and applicant are not good and therefore, the complainant wants to stay away from the applicant and therefore, she has forced the prosecutix to register this false FIR against the present applicant. He submits that investigation is over and charge-sheet is filed before the concerned court. Therefore, there is no question of tampering with the evidence or hampering the investigation. He therefore submits that considering the present application, the applicant may be enlarged on regular bail by imposing stringent conditions.

6. Learned APP Ms. Monali Bhatt appearing for Respondent-State submits that the applicant accused is involved in very