HARSHVARDHAN VIJAYBHAI CHAKRAVARTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned APP has forwarded a report of the Investigating Officer, which is ordered to be taken on record.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants-accused have prayed for bail in connection with FIR being C.R. No.11191020210187 of 2021 registered with Vastrapur Police Station, Ahmedabad City, District Ahmedabad for the offences under Sections 376, 376(2)(n), 328, 506(2), 294(b) of the Indian Penal Code, 1860 and section 66E of the Information Technology Act, 2000.

(3.) The facts narrated in the FIR in brief is that the applicant no.1, after taking nude photos of the prosecutrix, had called her to a hotel situated on S.G.Highway on 12.12.2020. It is alleged that the applicant no.1 had kept sexual relationship with the prosecutrix. It is further alleged that on the next day i.e. 13.12.2020, both (applicant No.1 and the prosecutirx) shifted to another hotel and again the applicant no.1 had kept physical relationship with the prosecutrix against her wish. It is also alleged that on 14.12.2020, both applicant no.1 and the prosecutrix had gone to the residence of the applicant's sister, namely, Roshni and she assured them of getting them married and called her parents. Thereafter, the parents of the prosecutrix were also called by convincing the prosecutrix to go with them on the same day i.e. 14.12.2020. It is further alleged that thereafter on 17.03.2021, the applicant No.2 telephonically called the father of the first informant and threatened him of dire consequences, if something happens to the applicant No.1. Accordingly, the FIR has been registered.