NAVROJBHAI AMINBHAI BAGSARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Devnani, learned APP waives service of rule forthwith. Heard Mr. Vicky Mehta, learned advocate for the applicant and learned APP, for the respondent-State.

(2.) This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 376(2)(n) and 506(2) of the Indian Penal Code for which FIR came to be registered as C.R. No. I- 11211031200039 of 2020 with Limdi Police Station, Suredranagar.

(3.) It is the case of the complainant that she is a married lady and that six months prior to the lodging of the FIR, the applicant would repeatedly visit the house of the complainant and force her to engage in sexual intercourse with him. Prima facie reading of the FIR would suggest that the FIR was filed after a period of eight months. The accusation of the complainant that she was forced to enter into a physical relationship with the applicant in her own premises when the husband and mother-in-law of the complainant were away, in the prima facie opinion of this Court suggests that it was a consensual relationship. It is made clear that this is a purely prima facie observation and shall not influence the investigation or trial of the case. Therefore, without recording any further reasons, present application deserves consideration.