KALUSINH RAMSINH JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Tejas Barot for the applicant and learned APP Ms. Monali Bhatt for the Respondent - State and learned advocate Mr. Paresh Darji for the original complainant.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. 11188002210560 of 2021 registered with Bayad Police Station, District: Arvalli for the offences punishable under Ss. 376 and 506(2) of the Indian Penal Code.

(3.) The brief facts of the case are that the applicant had come to the place of the informant and inquired about her husband, who was not present and therefore, the applicant left and returned on the next day and met the father-in-law and husband of the informant and the applicant and asked them to sell their land, which was sold out to Vikrambhai Shamalbhai Patel and Shamalbhai Balabhai Patel. That, one month thereafter, when the informant was alone, the applicant came and committed forceful intercourse with the informant and threatened her with dire consequence, if she informed anyone about the incident. That, two months thereafter, the applicant 's son came and asked for quilt and when the informant gave him the same, the applicant 's son committed forceful intercourse with her and time and again the applicant and his son harassed the informant and due to fear the informant did not tell anyone or lodged the complainant and therefore FIR in question came to be filed.