CHETAN HIMMATBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR No. 11192011220183 of 2022 registered with Bopal Police Station, Ahmedabad Rural for offence under Ss. 376 and 506(2) of Indian Penal Code.

(2.) I have heard learned Counsels appearing for the respective parties.

(3.) Mr. Y.V. Vaghela, learned Counsel appearing for the applicant has submitted that there is no material and / or evidence with regard to the alleged offence against the present applicant and without there being any material, the applicant herein is falsely implicated in the impugned complaint. He has further submitted that it is consensual relationship and there is consent of the other side, therefore, no offence is made out under Sec. 376 of Indian Penal Code.