RAMESHBHAI PANCHABHAI DAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Apprehending arrest, the applicant herein seeks pre-arrest bail in connection with the FIR being C.R.No.11993010210376 of 2021 registered with Rapar Police Station, Dist. Kachchh, for the offence punishable under Ss. 376 and 506(2) of IPC.

(2.) The applicant herein has been charged with rape and criminal intimidation. The case of the prosecution is that, the victim and the applicant herein are residing in same village and known to each other. The FIR in question for the offence came to be registered on 15/9/2021. It is alleged by the victim that, the present applicant has committed rape on several occasion as narrated in the FIR and at every instance, he had threatened to kill her brother, as a result, she compelled to enter into the physical relationship. It is alleged in the FIR that, the first incident of rape was happened before one and half year and thereafter, at the interval of 1-2 months, she had been raped without her consent as her consent was obtained by putting her family members in fear of death. It is further alleged by the victim that, due to such act on the part of the applicant, she conceived and when at the last occasion, she reported the fact of pregnancy, the applicant did not accept the fact and despite the pregnancy, rape was committed forcefully by the applicant. It is further alleged that, she had informed her mother about the incident, and thereafter, she decided to lodge the FIR.

(3.) The applicant herein sought pre-arrest bail before the Sessions Court concerned, however, the application had been rejected.