VIPULBHAI PRAHLADBHAI PATTNI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Apprehending arrest, the applicant herein seeks pre-arrest bail under Sec. 438 of the Criminal Procedure Code in connection with the FIR being C.R.No.I- 11217020210642 of 2021 registered with Patan City B Divison Police Station, Dist.-Patan for the offence punishable under Ss. 376 & 506(2) of the Indian Penal Code.

(2.) Fact and circumstances giving rise to the present application are that the applicant herein and the victim are related to each other. The victim aged about 28 years lodged an FIR against the applicant herein alleging that before 2 years, she had been raped forcefully twice at her home by the applicant herein and threatened by the accused that if she disclosed the incident anyone, he would kill her husband. She further alleged in the FIR that, due to constant harassment by the applicant, she attempt to commit suicide and therefore with the help of family members, she decided to file complaint. Under such circumstances, the present FIR being lodged for the offence as referred in the FIR.

(3.) This Court has heard Mr.B.M.Mangukia, learned counsel for the applicant and Ms.Krina Calla, learned APP for the respondent - State.