JAVED OSMAN SAMEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail as the applicant is apprehending arrest in connection F.I.R. bearing C.R. No.I-11205031200574/2020 registered with Mandvi Police Station, Kutch for the alleged offences punishable under Sections 365 , 376(2), 342, 506(2) of the Indian Penal Code and Section 135 of the GP Act.

(2.) Heard, learned advocate for the applicant as well as learned Additional Public Prosecutor Mr.J.K.Shah.

(3.) Mr.D.M.Varanandani, learned advocate for the applicant, has submitted that the applicant is an innocent person and wrongly been arraigned in the prosecution. According to learned advocate, on the contrary, it is at the instance of the complainant herself, with consent, the incident in question has occurred and the allegations about kidnapping and applying force are just nothing but concoction. It has further been submitted that WhatsApp communications are sufficient enough to indicate that there was no such offence committed by the present applicant. Considering the fact that even footage of CCTV camera are also not covered, there is hardly any case made out and apart from that, there is no custodial interrogation is necessary. In view of all these circumstances, a request is made to grant anticipatory bail.