SURESH HAMIRBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(2.) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.11993006202114 of 2020 registered with Gandhidham "A" Division, Gandhidham Police Station, Dist.Kachchh (East) Gandhidham for the offences under Section 376(2)(n) of the Indian Penal Code, 1860.

(3.) The case of the prosecution as enumerated in the petition is that the complainant is 23 years old widow and mother of 6 years old child. The complainant marriage was solemnized before six years with one Bharatbhai and out of their wedlock one boy Prince was borne, however, unfortunately, in the year 2015, husband of the complainant passed away. It is alleged that thereafter the complainant had an occasion to meet the present applicant, who happens to be the relative of the complainant and thereafter, they developed intimacy and they decided to marry. It is also alleged that prior to that, the applicant had developed physical relation with the complainant and thus, the FIR has been filed for te aforesaid offences.