ARUNBHAI DHAKALBHAI THORAT Vs. STATE OF GUJARAT

JUDGEMENT

(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.