RAJUBHAI KAMABHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Misc. Application is filed under Sec. 439(2) of the Code of Criminal Procedure for quashing impugned order dtd. 25/9/2017 passed in Anticipatory Bail Application No.1111 of 2017 by learned District and Sessions Judge, Mehsana for the offences alleged.

(2.) Background of facts of the instant case is that victim girl Maulika had gone to natural call on 18/6/2017 at about 1.30 p.m. and from there, she did not come back. Complainant started search for her and coming to know that respondent No.2, i.e. Anilbhai Naranbhai Desai, had induced and abducted the victim for the purpose of marriage and later on, on 8/7/2017, victim was found from Patan and upon inquiry, informed that on 18/6/2017, when she had gone, at that point of time, around 2.00 p.m., accused No.2 i.e. respondent accused and other persons came and forcefully took her in white car and administered threat that if she would raise any voice, she would be done away and due to some smelling material mixed in one handkerchief, she was made unconsciousness and when she regained consciousness, realized that she was in Seven Days Hotel at Mundra. Respondent accused subjected to her not only sexual intercourse against her will but also got signatures on certain papers and thereafter, she was shifted to Naroda, Ahmedabad and was confined in one house. There also, respondent No.2 took liberty with her but some how, on 8/7/2017, she succeeded and escaped from the custody of respondent No.2 and reached at Patan. So much so, ornaments of victim and her mobile phone were also taken away by respondent No.2 and thereby has committed serious offence, which has resulted into filing of a complaint before Becharaji Police being I- C.R. No.47 of 2017 for the offences punishable under Ss. 376 , 366 , 328 , 395 , 397 , 344 , 406 , 420 , 506(2) and 120(B) of the Indian Penal Code.

(3.) Respondent No.2 on account of this incident had filed one Habeas Corpus Petition and simultaneously being apprehending of his arrest, had filed an anticipatory bail application under Sec. 438 of Code of Criminal Procedure by contending that he is an innocent person and whatever alleged in the complaint is untrue.