VARIS RAJAKBHAI MALAVIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11208035230541 of 2023 registered with the Gandhigram Police Station, Rajkot City of the offence punishable under Ss. 376(2)(n), 324, 313, 504, 506(2) and 114 of the IPC and under Sec. 135(1) of the GP Act.

(2.) Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 22/8/2023 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate for the applicant has also submitted that there is a delay of almost three months in registering the complaint. It is further submitted that there was a consensual relationship between the applicant-accused and the complainant and at the time of the commission of the offence, the complainant was major. Learned advocate for the applicant has further submittted that due to some monetary disputes, the present complainat has been registered by the complainant. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.

(3.) The learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP has submitted that considering the role attributed to the applicant-accused, this is a fit case wherein discretionary power of this Court is not required to be exercised in favour of the applicant-accused.