ORAL ORDER

1. Rule returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent-

State.

2. The present successive bail application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Panch “B” Division Police Station, Jamnagar vide I-C.R.No.74 of 2019 for the offences punishable under Sections 366, 363, 376(2)(N), 376(1) of the Indian Penal Code and under Sections 4 and 6 of the POCSO Act, 2012.

3. Heard Mr. Rajeshkumar Mishra, the learned counsel appearing for the applicant, Mr. Nabil Baloch, the learned counsel appearing for the complainant and Mr. J.K. Shah, the learned APP appearing for the respondent – State.

4. Mr. Rajeshkumar Mishra, the learned counsel appearing for the applicant, Mr. Nabil Baloch, the learned counsel appearing for the complainant submitted that the applicant – Arjun Najabhai Chandapa and victim – Kajal Laxmanbhai Khara have married on 10.11.2021. They have produced certificate of marriage issued by Registrar of Marriages, Hamapur, Taluka : Bagasara, Dist. Amreli. The learned advocate appearing on behalf of both the sides submitted that considering the settlement and nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

5. The applicant – Arjun Najabhai Chandapa and complainant – Kajal Laxmanbhai Khara are present before the Court and they are identified by their respective advocates. The applicant and complainant have stated that they have married and they are residing at Chela, Taluka : Bagasara, Dist. Amreli.

6. The following order came to be passed on 6.8.2021 :- “1. This successive bail application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No. I – 74 of 2019 registered with Panch ‘B’ Division Police Station, Jamnagar, District : Jamnagar for the offence punishable under Sections 363, 366, 376(1), 376(2)(N), 376(e) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

2. By order dated 25.01.2021, this Court passed the following order:

“Heard learned advocate Mr.Nandish Thackar for the applicant, learned APP Mr.Manan Mehta for the respondent-State and leaned advocate Mr.Dhaval Kansara for the complainant.

Learned advocate Mr.Nandish Thackar seeks permission to withdraw the present application at this stage.

Permission as prayed for is granted. The present application stands disposed of as withdrawn. Notice is discharged.”

3. Heard Mr. Rajeshkumar Mishra, the learned counsel appearing for the applicant and Mr. Chintan Dave, the learned APP appearing for the respondent – State and Mr. Nabil Bloch, the learned counsel appearing for the original complainant through the video conference.

4. Mr. Rajeshkumar Mishra, the learned counsel appearing for the applicant and Mr. Nabil Bloch, the learned counsel appearing for the original complainant have jointly submitted that the parties have arrived at an amicable settlement. The victim as well as the complainant have filed the affidavits stating that an amicable settlement is arrived at between the parties and they both have no objection if the applicant is enlarged on regular bail. The said affidavits are placed on the record at Annexure-D, Page 56 and 58 respectively. Relying upon the same, it is submitted that in view of an amicable settlement arrived at between the parties, the applicant may be enlarged on regular bail.

5. Having heard the learned counsel appearing for the respective parties and having gone through the materials on record, let a detailed report be filed by the respondent-State verifying the contents of the settlement affidavits.

6. Mr. Rajeshkumar Mishra, the learned counsel appearing for the applicant seeks permission to join the original complainant as well as the victim as party respondents.

7. Permission, as prayed for, is granted. Let the original