LAWS(GJH)-2013-7-163

PATEL PARAGBHAI GRISHBHAI Vs. STATE OF GUJARAT

Decided On July 02, 2013
Patel Paragbhai Grishbhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) LEARNED Advocate Mr. Ajay L. Pandav filed an affidavitin reply on behalf of the complaint which is taken on record.

(2.) BY way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at CR No. I55 of 2013 before Chiloda Police Station, for the offenses punishable under Sections 366, 376, and 506(2) of the Indian Penal Code.

(3.) I have perused the investigation papers and considering the facts that the prosecutrix, who is aged about 23 years, was in the company of the applicant from 23.10.2012 to 17.4.2013; at the time of recording of her statement on 17.4.2013 she was found with the company of the applicant; the prosecutrix filed the complaint only on 7.6.2013 i.e. after a delay of two months and taking into consideration the facts of the case and without discussing the evidence in detail at this stage and the learned Advocates appearing for the parties did not invite a reasoned order, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of case of e case of e case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.