RONAK PRAKASHBHAI GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for anticipatory bail in connection with the FIR being C.R. No. 11191030210071 of 2021 registered with Mahila Police Station (West) Dist.: Ahmedabad, for the offences punishable under Ss. 376, 376(2)(H), 377, 406, 506(2), 312 and 114 of IPC.

(2.) Brief facts giving rise to present application are that, the applicant and victim met first time in June, 2018, through common friend at Ahmedabad. They exchanged their cell numbers. It was proposed by the applicant herein to the victim to give post in the political party and handsome salary. Based on the proposal, victim used to attend the office of the applicant herein. It is alleged that the applicant herein though married person, introduced himself as unmarried. Victim was given a post of President, Women Wings of Ahmedabad of political party as referred in the FIR. The victim was taken to Surat on 08.06.2018 by the applicant and while they were traveling in a sleeper coach, the applicant promised her to marry, as a result of which, they indulged in sexual act. It is alleged that on 16.07.2018, when victim was at the office of the applicant, they again indulged in the sexual acts and applicant herein clicked her personal photographs. It is further alleged that on 26.09.2018, at the event of inauguration of the office at Ahmedabad, she came to known that the applicant is married person, however, the applicant herein win over the trust of the victim saying that he will give divorce to his wife and then, he would marry her. Based on the promise during the period from 29/06/2018 to 03.11.2018, she was taken to different hotels at Ahmedabad, where they were indulged in the physical relationship. The victim got pregnant. On 06.07.2019, the applicant and his friend, co-accused, forced her to abort the child, otherwise, they will circulate her personal photographs on social media and accordingly, at the private clinic, abortion was being carried out. On 11/07/2019, the victim and applicant and other friends with family went to Saputara Hill Station, where, she was forced to indulged in physical relationship and thereafter, on 23/02/2020, when she was taken to Mumbai. On 23/02/2020, she came to know that she having got pregnancy and again, the applicant and his accomplice forced her to abort the child. The applicant herein assured the victim that after the election of 2022, he would marry with her. Parties have opened their bank account jointly. It is alleged that on 05/06/2021, the victim was called at the office of the applicant herein where she was humiliated by the applicant and his friends and suffered injuries due to altercations took place at the office. The victim lodged an FIR under Sec. 354(a), 323, 294(b), 506(2), 114 of IPC with Sola High Court Police Station. Thereafter they were separated and on 03/09/2021, the applicant herein deposited Rs.50,000.00 in her account.

(3.) This Court has heard learned Senior Counsel Mr. N.D. Nanavati assisted by Mr. A.V. Vyas, learned advocate for the applicant, Mr. N. T. Gandhi, learned advocate for original information and Mr. Manan Mehta, learned APP for the respondent State.