(1.) THIS application is filed under Section 438 of the Code of Criminal Procedure in connection with First Information Report registered as C.R. No. I -44/2011 with Kaprada Police Station, District: Valsad, for the offences punishable under Section -376 of the Indian Penal Code.
(2.) HEARD learned Advocate for the applicant and learned APP, Ms. Manisha L. Shah, for the respondent -State.
(3.) HAVING heard learned Counsels for the parties, this Court is of the opinion that even if the statement of the victim -Minaben, aged about 28 years, is seen and perused as a whole along with other attending circumstances, including the statement of one Mr. Piyush as well as medico -legal opinion and FSL report, at this stage, prima facie, possibility of implicating the applicant, who is Sarpanch of the village in a false case is not ruled out and also considering the date of incident and lodging of FIR, I am inclined to grant anticipatory bail to the applicant.