DODIYAR PRABHUDAS SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant has prayed for pre-arrest bail in connection with the FIR being C.R.No.11188010210578 of 2021 registered with Shamlaji Police Station, District: Aravalli for the offence punishable under Ss. 376 , 323 , 504 , 506(2) & 114 of the Indian Penal Code and Sec. 135 of the G.P.Act.

(2.) The brief facts leading to the present application are that, the applicant herein alleged to have committed rape upon the victim -informant at the different places and threatened her that if she disclosed the incident to anyone, then he will kill her husband. The victim- informant is aged about 31 years being a married lady came into contact with the applicant herein as certain amount was due for the mechanical work of the car, repaired by her husband. It is alleged in the FIR that from 14/5/2019 to 17/12/2021, she was taken to the difference places, where she had been raped by the applicant herein, putting her under fear that he will kill her husband. In these circumstances, the FIR being lodged alleging act of rape as well as physical and mental torture by the relatives of the applicant herein.

(3.) Heard learned advocate for the applicant and learned APP for the respondent - State.