JAYKUMAR MAHESHBHAI NAGINBHAI ... Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I- 98 of 2017 with Kadodara GIDC Police Station, Dist.: Surat Rural for the offence punishable under Section 376 of the Indian Penal Code, 1860 (for brevity, 'the IPC ').

(2.) Learned advocate for the applicant submits that, in fact, it is the case of love affair between the applicant and the prosecutrix and both have entered into the marriage agreement also. Besides, the nature of allegations are such for which custodial interrogation at this stage is not necessary. Further, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. 2.1 The learned advocate for the applicant, on instructions, states that the applicant will abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

(3.) The learned Additional Public Prosecutor, on the other hand, opposes the present application looking to nature and gravity of offence.