DHARAM SWARUPDAS SWAMI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of the present application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11213006240233 of 2024 registered with Bhayavadar Police Station, Rajkot Rural for the offences punishable under Ss. 376(2)(N), 313 and 114 of the Indian Penal Code, 1860 (for short "IPC").

(3.) Learned advocate for the applicant submitted that present applicant is innocent and he has renounced worldly pleasure and he is worshiping God and is looking after the affairs of Gurukul. The complaint is filed at the instance of victim wherein she has stated that as she become Nun of Swaminarayana Sect, she came alongwith her parents and willingly executed the affidavit and was left at the Gurukul. It is alleged that present applicant under the false pretext of marriage developed sexual relations with the victim by assuring the victim that the applicant and victim both have to reside as monk and nun and under such false pretext, the applicant committed repeated offence of rape for five times against the will and wish of the victim. In this regard the complaint is filed. Further, all the allegations that are leveled are far from truth. The complaint is filed belatedly and even if we accept the allegations as it is, then also the victim was major and by her consent the alleged relationship was established and therefore, nothing is required to be recovered or discovered from the present applicant. The applicant is not having any past antecedent and co- accused are arrested and released on regular bail.