SUDHANGSHU HIMANGSHU MANNA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor appears and waives service of notice of rule for and on behalf of the respondent -State of Gujarat.

(2.) The present Application is filed under Section 439 of the Code of Criminal Procedure by the applicant for grant of regular bail in connection with I -C.R No. 77 of 2015 registered at Sector 21, Gandhinagar Police Station, Gandhinagar for the offences punishable under Sections 376, 384, 406, 420 of the Indian Penal Code.

(3.) Learned advocate Mr. SC Patel appearing for the applicant submits that considering the date of birth of the applicant, which as per the Transfer Certificate issued by the Khirpal High School and placed on the record at page - 20, which is 14th December, 1993, the age of applicant as on the date of lodgment of the complaint works out to be 19 years, while the age of complainant was 26 years. The prosecutrix herself has stated in the complaint made before the Police that intercourse was made with her consent and whatever amount and ornaments were given to the applicant were with a clear consent. Therefore, according to the learned advocate, just to get money from the applicant, a false complaint has been lodged against him. Counsel further submitted that two brothers of the applicant are staying at Gandhinagar and Ahmedabad and whereas the applicant is resident of Calcutta. He, therefore, undertook that if the present applicant is released on bail, he shall not leave the State of Gujarat without the prior permission of this Court. Per contra, learned APP Mr. Manan Mehta further pointed out that the applicant had developed illicit relationship with the prosecutrix and thereby misused the same by blackmailing her. According to him, this being a serious offence, it should not be leniently viewed because the complainant had very clearly stated in her complaint that against her wish and desire, sexual relationship was developed by the applicant and amount time and again was demanded from her. Considering the serious nature of allegations, role attributed to the applicant, this Court therefore may not enlarge the applicant on regular bail, since the chargesheet is yet to be filed by the police.