NASIRHUSSAIN MOHAMMADSALIM GHANCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this present application under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant has prayed for enlarging him regular bail in connection with FIR being I- C.R.No. 11191020220589 of 2022 registered with Vastrapur Police Station, District: Ahmedabad City for offences punishable under Sec. 376 (D), 376 (2) (N), 506 (2), 323 and 114 of the Indian Penal Code and Sec. 3 (2) (5-a), 3 (1) (w) (i), 3 (1) (w) (ii) of Prevention of Atrocity Act.

(2.) As per the FIR, registered on 20/11/2022 by the first informant, she has stated that she was serving in Unique Spa and the present applicant had come to that spa and as she had given massage to him, he was happy with her work and asked for her mobile number and address also and said that he would send other friends also for massage and she will earn good amount and from that day onwards, the present applicant continuously started stalking her and was calling her and after gathering the information about her residence and family, he met the first informant and after about 6-7 days, he said that he has met her husband and also forced her to do whatever she is directed to do by the present applicant and in event, if she refuses to obey him, her reputation will be tarnished by saying that she is engaged into illegal activities in the spa and her family life would be ruined.

(3.) At the time when the present applicant went to spa and all these things happened, he did not disclose his real name i.e. Nasirhussain Mohammadsalim Ghanchi but projected himself as Samir Prajapati. Thereafter, the present applicant continued to blackmail the complainant and therefore, by succumbing to his blackmailing, she was forced to accompany him and ultimately he took her to a guest house where he threatened to kill her and ultimately raped her for about three times and video graphed the incident. Thereafter, on number of occasions, the present applicant had taken the complainant to the guest house under threat and every time, he used to take away the cash amount ranging from Rs.2000.00 to 5000/- and thereafter, used to repay the aforesaid amount through Google pay.