IMRAN ALIMAMAD KHALIFA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Devnani appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Dabhi on behalf of the respondent-State.

(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant ' original accused prays for being released on anticipatory bail in connection with FIR No.11205032220546 of 2022 registered with Mundra Police Station, Kutch (West), Bhuj on 29/5/2022 for offences punishable under Ss. 363, 366, 376(2)(j) and 376(2)(n) and 506(2) of the Indian Penal Code and under Ss. 5(L) and 6 of the POCSO Act.

(3.) Learned Advocate Mr.Devnani for the applicant would submit that the present applicant and the prosecutrix were in a relationship and whereas on account of the fact that both belong to different community, the relationship was not approved by the family members of the prosecutrix and whereas on account of the same, the present FIR is filed. Learned Advocate Mr.Devnani would further draw the attention of this Court to a proceeding under Sec. 151 of Cr.P.C., dtd. 26/5/2022 i.e. prior to filing of the present FIR, based on an application filed by the father of the First Informant against the present applicant and whereas, in the said proceeding, the prosecutrix had inter alia stated that the prosecutrix neither apprehends any threat from the present applicant, nor is there any forcible act on behalf of the present applicant. Learned Advocate Mr.Devnani would submit that having stated as much, three days prior to the filing of the FIR, the present applicant had been arraigned as an accused on account of the fact that the family of the prosecutrix did not approve the relationship between the applicant and the prosecutrix and whereas even perusing the FIR, it appears that while the applicant and the prosecutrix had attempted to elope, they were seen by the brother of the prosecutrix and whereas the prosecutrix had thereafter gone along with her brother. Having regard to such facts, learned Advocate Mr.Devnani would submit that the present applicant may be enlarged on anticipatory bail.