ANANTRAI JENTILAL BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application under section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of applicant's arrest in connection with FIR registered at C.R. No. I-67 of 2017 before Mahila Police Station, District Rajkot for the offence punishable under Sections 376 and 506(2) of the Indian Penal Code.

(2.) The learned advocate appearing on behalf of the applicant would submit that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned senior advocate Shri Nanavati submits that the applicant is aged 75 years and is having a good reputation in society and therefore the present FIR appears to be an attempt to malign his image in society and to extort money from the applicant. He submits that the complainant herself is aged around 35 years, has been married earlier and is very much conscious of her wellbeing. That being so, the incident, if any, as alleged in the FIR is nothing but consensual encounters which cannot be dragged in the definition of Section 375 of IPC.