RAJENDERSINH KIRITSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No.11216006210 dated 27.01.2021 registered with Chiloda Police Station, Gandhinagar for the offences punishable under sections 376(2)(n) and 507 of the Indian Penal Code.

(2.) Ms.Shalini Mair, the learned advocate for the applicant submitted that false complaint has been filed against the applicant. She submitted that as per the facts of the FIR, the applicant had rather proposed for marriage to the complainant 7 months prior to the complaint but, the complainant had declined the proposal. Thereafter too, the present applicant had persuaded to relationship and had tried to meet the complainant, get her acquainted to the family members of the applicant. As the applicant had to join the services, thus, he could not devote much of his time. Still, however, the applicant had all the intention to marry the complainant. But, when the applicant found that the complainant formally filed a complaint on 01.10.2018 against one another person on the same ground, he got apprehensive of the relation and therefore, could not sincerely follow the same. As a result, to pressurize the applicant, the present FIR has been filed.

(3.) Ms.Jirga Jhaveri, the 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. Ms.Jhaveri has stated that the complaint in the 2018 filed under Section 345, 376, 506(2) of the IPC would not come in the way of the facts of the present complaint. She submitted that therefore, no discretion may be exercised in favour of the applicant.