Rahulbhai Natubhai Vaghela vs State Of Gujarat on 12 June, 2023
Bench: Honourable Justice Nirzar S. Desai
R/CRIMINAL MISC.APPLICATION NO. 8731 of 2023
Facts
By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant – accused sought anticipatory bail in connection with the FIR bearing for the offences punishable under Section 376 of the Indian Penal Code. Section 376 deals with rape. As per section 438 of the CrPC, when any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction to grant bail.
Learned advocate for the applicant submitted that the nature of allegations were such for which custodial interrogation was not necessary. He further submitted that the applicant would keep himself available during the course of investigation and trial and would not flee from justice.
Learned advocate for the applicant on instructions stated that the applicant was ready and willing to 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.
The Learned Additional Public Prosecutor appearing on behalf of the respondent – State opposed grant of anticipatory bail looking into the nature and gravity of the offence.
Judgement
Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, the Court granted anticipatory bail to the applicant.
The Court held that the FIR was registered almost 3 months after the incident and had lost its value. It also observed that one complaint given by same complainant against the present applicant was that both persons were carrying on business at the same place and the present applicant was head-strong. Though she alleged that the offence had taken place she had not stated anything about the alleged incident of rape committed by the applicant while filing the complaint
The court observed that prima facie this was an offence just on account of business rivalry between the parties. There were no antecedents attributed against the present applicant. Hence, the Court allowed the present application and the applicant was ordered to be released on bail
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Written by- Aadit Shah
