ARVINDBHAI @ JAGDISH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicants have prayed to release them on bail in case of their arrest in connection with the FIR being ICR NO. 16 of 2016 registered with Somnath Marine Police Station, Dist. GirSomnath for the offences punishable under Sections 366, 376, 346, 323, 504, 143, and 506(2) of the Indian Penal Code.

(2.) Learned Advocate Mr. Patel for the applicants submitted that the applicants are not alleged to have played any role in connection with the alleged incident of rape with the complainant. He submitted that the applicants and other family members are sought to be involved by connecting them with the offence alleged to have taken place with the complainant at the hand of the accused No.1. He submitted that considering the nature of the allegations made in the F.I.R, the Court may exercise discretion in favour of the applicants under Section 438 of the Code.

(3.) Learned APP Ms. Thakkar on the other hand submitted that the applicants are alleged to have helped the main accused Devendrabhai Ramjibhai Chudasama in the commission of the offences under section 376 of the Indian Penal Code against the complainant and since the applicants are alleged to be the abettor of the serious offences alleged in the F.I.R; and since the matter is at the investigation stage, the Court may not exercise the discretion in favour of the applicants under section 438 of the Code.