NIRMALSINH RAJENDRASINH BARAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act, 1989'), the appellant ' original accused has prayed to release him on regular bail in connection with FIR being C.R.No.11207028240011 registered with Halol TownPolice Station.

(2.) Learned advocate for the appellant submits that considering the nature of allegations, role attributed to the petitioner, the appellant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. He would further submit that the petitioner has used the position of the victim and after making false promise of marriage, entered into physical relationship with the victim and Sec. 90 of the IPC defined the consent in the present case as the consent of the victim is obtained under misconception of promise and later on, the petitioner turned away from his promise and therefore, present case would fall into the definition of 'rape'. Hence, he submits to dismiss the petition.