HIMMATBHAI RUPLABHAI NISARTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. I.H. Syed with learned Advocate Mr. Prithu Parimal for the applicant and learned Additional Public Prosecutor Mr. Ronak Raval on behalf of the respondent-State.

(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail in connection with FIR being C.R. No. 11187007210789 of 2021 registered with Santrampur Police Station, District Mahisagar, on 31/7/2021 for offences punishable under Ss. 376(2)(n) , 504 , 506(2) and 114 of the Indian Penal Code.

(3.) Learned Senior Advocate Mr. Syed for the applicant would submit that a perusal of the allegations as made in the FIR would reveal that while at some point of time the parties had agreed to get married, later on, on account of a social issue i.e. the applicant and the first informant probably belonging to the same sub-caste and there being some opposition from the family members of the present applicant on such count, the marriage could not take place. Learned Senior Advocate, relying upon the decision of the Hon'ble Apex Court in case of Sonu @ Subhash Kumar Vs. State of Uttar Pradesh and Another, in Criminal Appeal No. 223 of 2021, dtd. 1/3/2021, would request this Court to release the present applicant on anticipatory bail, more particularly contending that the intention at the time of in his starting of the relationship was never to cheat the first informant.