RAJESH RAMESH MARU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Maulin G. Pandya on behalf of the applicant and learned Additional Public Prosecutor Mr.J.K. Shah on behalf of the respondent - State.

(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C ." for short) , the applicant prays for being released on anticipatory bail in connection with FIR No.11993006220374 of 2022 registered with "A" Division Gandhidham Police Station, Dist.: Kutch, dtd. 26/4/2022 for the offences punishable under Ss. 376(2) (n) and 506(2) of the Indian Penal Code (hereinafter referred to as "the IPC " for short).

(3.) The first informant inter alia alleges in the FIR that while she was residing in Railway Colony, Gandhidham, somewhere in the year 2014, present applicant is stated to have forcibly raped the first informant. It is also alleged that the first informant, after the said incident, was threatened by present applicant, and wheres it is further alleged that thereafter, present applicant used to regularly visit the house of the first informant and had professed love for the first informant and had also given a promise to the first informant that he would marry her and under the pretext of such a promise, the applicant had entered into physical relationship with the first informant. It is alleged that approximately a month prior to the FIR, the applicant had informed the first informant that he would not be able to marry the first informant more particularly, his marriage is fixed with some other person. The first informant is stated to have asked the applicant that why did the applicant destroy 10 years of her life. It is further alleged that on 9/4/2022, when mother of the first informant had gone out of station, the applicant had, once-again, come to the residence of the first informant and had again, professed his love for the first informant and he wanted to engage in physical relationship which was refused by the first informant, whereupon present applicant had allegedly promised to marry the first informant, within a period of ten days. It is further alleged that present applicant had also submitted an affidavit to the first informant dtd. 16/4/2022, wherein the applicant had promised to marry the first informant, within 20 days. It is alleged that on strength of such affidavit, present applicant had engaged in physical relationship with the first informant. Subsequently, the applicant not having fulfilled the promise of marrying the first informant, on the basis of above allegations, an FIR had been registered.