EZAJ NOORMOHMMADBHAI GADHVALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-145/2019 registered with Gandhigram-2 (Uni) Police Station, District: Rajkot for the offences under Sections 376, 365, 323, 504, 506(2) 406, 419 and 420 of the Indian Penal Code.

(2.) Heard Mr. Himanshu C. Desai, learned advocate for the applicant and Ms. C.M. Shah, learned APP for the respondent No.1.

(3.) Mr. Desai, learned advocate for the applicant submits that no prima-facie offence under Section 376 is made out against the applicant. He further submits that the overall facts and circumstances of the case primafacie disclosed that the victim was consenting party. He, therefore, submits that considering the allegation and nature of the evidence against the applicant and as the charge-sheet has already been filed, the charges are also framed against the applicant, the applicant may be released on regular bail by imposing appropriate terms and conditions.