RAJESHBHAI @ MANDOL MANABHAI VASAVA 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. 11823026200158 of 2020 registered with Aamletha Police Station, District: Narmada for the offence punishable under Sections 376(B), 323, 455, 504, 511 and 506(2) of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that present applicant is falsely involved in the present offence and fabricated story was created with a view to save his skin. That there is no prima facie case against the applicant and the allegations made against the applicant are concocted, false, fabricated and baseless. That sister?in?law was doing the household work in the house at the time of incident and till the entire incident was over, she was not even called by the victim which clearly shows that the entire story of commission of the crime at the hands of the applicant is completely an afterthought. That the complainant has no objection if the present applicant would be released on regular bail as she has filed an affidavit twice executed before the Notary as well as before the Registrar of the Chief Judicial Magistrate, Court at Narmada at Rajpipla. That the dispute has been compromised between the parties and therefore, considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent?State has strongly objected the submissions made by learned advocate for the applicant and submitted that the prosecutrix has clearly established the case of the prosecution. Leaned APP has referred the statement of the prosecutrix dated 12.04.2020 and connected charge?sheet papers and submitted that prima facie involvement in serious offence punishable under Sections 376(D), 323, 455, 504, 506(2) and 511 of IPC is made out by the prosecution. That at this juncture, affidavit of the prosecutrix ? complainant may not be considered by this Court as it is an afterthought executed. Considering the seriousness of the offence and gravity of the offence, it is requested by her to dismiss present application.