KAUSHIKBHAI VINUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') for regular bail, in connection with the offence registered at C.R. No.11197054210525 for the alleged offence punishable under Ss. 376(2)(k) , 376(2)(n) , 354A(1)(2) , 354A(1)(i) , 354A(2) , 354D , 506(1) , 294(b) of the Indian Penal Code and Ss. 3(2) (v), 3(1)(w)(i), 3(1)(w)(ii), 3(1)(r), 3(1)(s), 3(2)(va) of 'the Act' registered with Varnama Police Station, Vadodara Rural. Abovesaid Ss. are mentioned as it is reflected from the copy of FIR at page 10.

(2.) Mr.J.H.Patel, learned advocate for the appellant submitted that according to the case of prosecution, victim, who is aged about 23 years, who is first informant of the case, alleged that on promise to marry her, the appellant had physical relationship with her and now, he has refused to marry her. He has further submitted that when she pursued the appellant for the purpose of marriage, she was abused of her caste by the appellant and refused to marry her. Despite, according to the case of prosecution, the first informant severed the relationship with the appellant, however, after leaving the job in the company where first informant was working, the appellant is said to have married one Kinjal, who is also serving in the company where the first informant is working and under an apprehension that first informant would disclose her relationship with the appellant, the appellant is said to have abused her over the phone as also text messages and that led to the filing of the First Information Report.

(3.) Mr.Patel, learned advocate for the appellant submitted that the appellant and the victim both are major serving in the same company and as disclosed in the FIR, they are knowing each other since last about a year and according to the case of the first informant on promise to marry her, she entered into a relationship with the appellant. Therefore, it is submitted that there is no offence committed by the appellant, as alleged against him. It is further submitted that while serving in the same company under the same department and they developed relationship and ultimately, it did not lead to marriage and therefore, whatever relationship had reached at the time when relations were cordial cannot be made basis to file complaint and that too, under Sec. 376 of the Indian Penal Code. He has further submitted that since the investigation is over and charge- sheet is filed, the appellant who is in custody since 15/5/2021 be enlarged on regular bail.