SANJAYBHAI VIRJIBHAI LAKHANI 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.11193060240013 of 2024 registered with Vadiya Police Station.

(2.) Learned Senior Advocate Mr.N D Nanavaty with Mr.Rajput learned Advocate for the petitioner having taken this Court through the record as well as FIR submitted that it is a case of consensual relationship. FIR dtd. 20/01/2024 is filed for the relationship which starts from 22/12/2022 and ended on 20/12/2023. Learned Senior Advocate Mr.Nanavaty would submit that petitioner and victim were in live in relationship. Referring to page 42, learned Senior Advocate Mr.Nanavaty would submit that live in relationship agreement was executed on 18/12/2023 which is still in existence which is executed subsequent to the customary divorce between the first informant and her husband. Learned Senior Advocate Mr.Nanavaty would submit that petitioner is a married man and it was well within the knowledge of first informant. Learned Senior Advocate Mr.Nanavaty would submit that this is consensual relationship between the parties and on being quarrels in the relationship, FIR in question came to be filed.

(3.) Learned Advocate Mr.Majmudar appearing for the victim while taking this court through the FIR would submit that earlier incident took place and victim was photographed in compromise position and she was intoxicated and on passing threat upon victim of making viral the photographs, physical relationship was done with the victim. He would further submit that on 20/12/2023 the victim was taken to Rajkot under the pretext of compromising with her husband however taking advantage of the situation, the petitioner raped the victim which is an independent incident. He would further submit that considering the nature of allegations, let there be investigation and interrogation which may entail the correct position. By making above submissions, he would submit to dismiss the present application.