DINESHBHAI ARJANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.I-37 of 2019 before Suigam Police Station, District: Banaskantha for the offences punishable under sections 366, 368, 376(2)(N) and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the applicant is falsely implicated in the offence as accused No.2 though he has not committed any offence; the allegation against the applicant is that he has merely helped the main accused and the prosecutrix in obtaining the school leaving certificate, age certificate etc. to solemnize the marriage between the accused No.1 and the prosecutrix. No other allegation of kidnapping or rape has been made against the applicant. It is also submitted that in the affidavit filed by the prosecutrix before the Sessions Court, Banaskantha, she has specifically stated that due to pressure of her brother, the FIR has been filed. It is further submitted the matter is settled between the main accused No.1 and the prosecutrix and the main accused No.1 has been released by the Sessions Court on regular bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.