RASHMIKANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants - accused have prayed for anticipatory bail in connection with the FIR being C. R. No. 11191013230425 of 2023 registered with Krishnanagar Police Station, Dist. Ahmedabad for the offences punishable under Ss. 376, 376 (2) (N) and 506 (2) of the Indian Penal Code .

(2.) Heard learned advocate Mr. Rutvij S. Oza for the applicant, learned APP Mr. Ronak Raval for the respondent - State and learned advocate Mr. O. I. Pathan who sought permission to appear for and on behalf of the original complainant. Permission as prayed for is granted. Registry is directed to accept the Vakalatnama of learned advocate Mr. O. I. Pathan.

(3.) As per the FIR registered by first informant namely Rinkalben @ Puja Bharatbhai Laljibhai Mordiya, in the nutshell the FIR states that she was not having good relations with her husband and there were frequent quarrels. The present applicant who is neighbor of the first informant and friend of husband of the first informant intervene and took mobile number of the first informant and ultimately started instigating against her husband and started harassing the complainant by frequent messages despite she having objected to the same. On 20/4/2023 the present applicant called the complainant and asked her to accompany him to Somnath and said that he will see to it that the issue between herself and her husband is settled. When the complainant refused to come, she was threatened that her children will be killed and therefore, by lying before her husband that she is going to her maternal home at Gadhda, on 21/4/2023 the complainant boarded a bus and ultimately, got down at another bus stop and from there she and the present applicant went to Somnath in a private car and stayed from 21/4/2023 to 23/4/2023 and where under threaten and duress, the complainant was raped by the present applicant. Thereafter, she was taken to Junagadh and there also she was raped in the hotel by the present applicant. From there, the present applicant dropped the complainant to her maternal home at Gadhda and from Gadhda also the present applicant picked up the complainant and took her at Ahmedabad and they stayed in hotel on 30/4/2023 and there also the same act was committed against the wish and will of the complainant and she was threatened that if the aforesaid facts are disclosed to anyone, in that case, her children would be killed.