DIVYARAJSINH GIRIRAJSINH GOHIL 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 F.I.R. registered at I-C.R.No.11202009210184 of 2021 before the Jamnagar City 'B' Division Police Station, Jamnagar for the offence punishable under Sections-376, 504 of the IPC.

(2.) Mr. Jasani, learned advocate for the applicant referring to the contents of the F.I.R. submitted that the applicant and the complainant were in live-in-relationship. The applicant was staying in the house of the complainant at Radhe Apartment, 1st floor, Room No.101. He further submitted that the allegation of forceful physical relation on 14.02.2021 is not fortified by whats-app communication dated 14.02.2021, where the complainant had addressed the applicant as a husband and the whats-app communication even continued on 15.02.2021, which shows that the relationship was very much cordial. It was, therefore, prayed that discretion may be granted in favour of the applicant.

(3.) Mr. Nipul Gondalia, the learned advocate appearing for the complainant submitted that in the FIR, the complainant herself had stated about the forceful physical relation and therefore, the F.I.R. was lodged on 17.02.2021.