RAVIBHAI NATHABHAI ZAPDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent - State.

(2.) By way of the present appeal under Sec. 14 A (1) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, the applicant - accused has prayed to release him on anticipatory bail in connection with the FIR being C. R. No.11208056230255 of 2022 registered with Thorala Police Station, Dist. Rajkot for the offences punishable under Ss. 376 (2) (n) and 506 (2) of the Indian Penal Code and under Sec. 3 (2) (v), 3 (1) (w) (I) and 3 (1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(3.) Heard learned advocate Mr. K. S. Chandrani for the appellant. He drew the attention of this Court to the FIR and submitted that though in the FIR, it is specifically stated that initially there was love affair between the parties and they went from places to places and with the consent of the complainant intimate relations were developed, later on in the FIR, it is alleged that the present applicant lied before the complainant and concede the fact that he was married but the aforesaid facts state in the FIR are not correct. The present applicant has already divorced his wife on 1/8/2022 through notarized divorce-deed and thereafter, as per the FIR, on 5/8/2022 the complainant came to know about the fact that the applicant is married and therefore, he has not lied anything to the complainant and therefore, considering the fact that there was love affair between the present applicant and the complainant and the complainant in the FIR herself has stated that earlier they got intimate with each other's consent and therefore, the present FIR is nothing but an afterthought with a view to frame the applicant and therefore, he should be enlarged on anticipatory bail.