NASIRKHAN MUNAVARKHAN BAHADURKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 439 of the Code of Criminal Procedure, 1973, the applicant accused No.1 has prayed to release him on regular bail in connection with FIR bearing I C.R. No.26 of 2015 registered with Mahila Police Station, Ahmedabad for the offences punishable under Sections 120 (B), 328, 201, 376, 506 (2), 507, 294 (B), 323, 354 and 384 of the Indian Penal Code and Sections 25 (1)(b)(a) and 67 (1) of the IT Act etc.

(2.) The brief facts arose from the record are as under :-

(3.) Mr. N.D. Nanavati, learned Senior counsel assisted by learned advocate Mr. Ruturaj Nanavati appearing for the applicant would submit that the story put forward by the prosecutrix and the allegations levelled against the present applicant are highly improbable and exaggerated versions have been stated by the complainant. He would further submit that the complainant was aware that the applicant is a married person. However, she continued relations with the applicant for considerable long time i.e. from the year 2004 to 2013. Since the complainant was trying to misuse the relationship developed between them, she started making allegations against the relatives of the applicant. He would submit that though several allegations with regard to recording of video clippings of the act have been made against the present applicant, there is no discovery or recovery at the instance of either the applicant or from any other accused. He would submit that the applicant has been arrested since 8.5.2015 and upon completion of investigation, charge-sheet has been filed way back on 10.8.2015 and hence, investigation qua the applicant is over. He would submit that neither Handycam nor Mobile i.e. electronic gadgets through which the alleged clippings were recorded are discovered from the applicant or from any other accused. As far as the allegation of circulating the video clippings are concerned, such clippings are not collected by the Investigating Agency from any of the Mobiles of the witnesses or from the prosecutrix or from any other witness.