PRAKASHKUMAR HIRABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Rutvij S. Oza for the Applicant, learned Advocate Ms. Shivangi M. Rana for the Respondent / Original Complainant and learned APP Ms. Monali Bhatt for the Respondent - State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for enlarging him on anticipatory bail in connection with the FIR N o . 1 1 2 1 5 0 1 4 2 1 0 3 7 6 registered with Khambholaj Police Station, Anand for the offenses punishable under Ss. 376 , 406 , 420 and 114 of the Indian Penal Code.

(3.) Learned Advocate for the Applicant has submitted that the Applicant is apprehending his arrest in connection the aforesaid FIR and in this connection the earlier application filed by the Applicant before the learned Sessions Court came to be dis-allowed. Learned Advocate for the Applicant has urged that in the present case though the offence is registered under Sec. 376 IPC coupled with Sec. 406 and 420 IPC, but there is a love affair between the victim and the Applicant and with consent of both, the physical relations has been made. Therefore there is no prima facie case under Sec. 376 IPC. So far as allegations of entertainment, cash amount of Rs.3.00 lacs by the complainant to present Applicant is concerned, it is revealed from the statement of account that the present Applicant has deposited certain amounts on number of occasions in account of victim as well as her husband. Therefore, question of misappropriation does not arise and considering the entire facts narrated in the complaint, no prima facie case against the Applicant is made out.