RAJASAHEBSHRI RAJTILAK SAGARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent - State.

(2.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR No.11209020201116 of 2020 registered with Idar Police Station, District Sabarkantha for offences punishable under sections 376(1) , 295 and 506(2) of IPC.

(3.) Mr. Manish J. Patel, learned advocate for the applicant, submitted that all the 'Jain Muni', who were staying in the 'Jain Upashray', Idar have been falsely maligned and aspersions are casted against them. The legal notice dated 15.05.2020, was issued by 'Acharya Kalyan Sagarsuri Maharaj' against the trustees. Thereafter, a complaint was filed against the present applicant and his 'Guru' under Section 354 of the IPC on 22.06.2020, wherein bail came to be granted by the concerned Court and therefore, the present complaint on 25.08.2020 has been filed to ensure that the present applicant further remains in jail. He submitted that the alleged incident is of 2013 and the incident has been specified as of 22.04.2013, the same being the birthday of the complainant and it is alleged that the victim has gone to meet the present complainant to take blessing and on that day the offence alleged to have been committed. The offence is registered under Section 376 of the IPC. Mr. Patel, submitted that delay in filing the complaint itself shows that the same is concocted and the same is filed with an ulterior motive. The present applicant had taken 'Diksha', 42 years prior and no such complaint or allegation has been made against him. It is only after the legal notice by 'Acharya Kalyan Sagarsuri, such false complaints came to be filed. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.