JAYDIPBHAI JUJARABHAI PAGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11188006230199 of 2023 registered with Malpur Police Station, Aravalli.

(2.) Facts of the case are as under :-

(3.) Learned advocate for the petitioner submits that when incident took place, victim was major. She would further submit that not only she was major but she was already married to some other person and she took divorce and now married with some other person. He would submit that FIR is filed after delay of 12 days. It is submitted that though as per FIR victim was kept in closed house and was raped, but at no point of time, she raised her voice. It is submitted that Janvagoj information was registered by father of victim as she was missing, pursuant to which she remained present on 9/4/2023, at that time she has raised her voice and submitted that she was raped by accused. It is submitted that even if rape is committed, it is consensual relationship. Referring to Annexure-C, he would submit that what emerges from photo that victim who is already married was in deep love with accused and she has clicked photos with accused at her willingness that indicates that it was consent on the part of the accused and on the part of the victim. It is therefore, submitted that if entire act is believed, it is on consent of victim. It is further submitted that no case of custodial interrogation is made out. It is submitted that FIR is filed to save her 2nd marriage. It is submitted that the petitioner is ready and willing to join investigation as and when called by Investigating Officer. It is therefore, submitted to grant anticipatory bail to the petitioner.