Get insights into a recent legal case heard at the Gujarat High Court regarding an anticipatory bail application. The case involves a matter of significant importance with the applicant seeking release in case of arrest. Discover the key arguments and considerations made by the court in this detailed judgement.
Facts
- The petitioner has filed a petition under Section 438 of the Code of Criminal Procedure, 1973.
- The petitioner is seeking anticipatory bail in connection with FIR C.R.No.11216001240146 of 2024.
- The FIR is registered with Adalaj Police Station, Gandhinagar.
- The petitioner is seeking release in case of arrest.
- The request is for anticipatory bail to avoid arrest in connection with the mentioned FIR.
Arguments
- The petitioner is willing to cooperate with the investigation and is available when called upon.
- No antecedents are recorded against the petitioner, making them eligible for anticipatory bail.
- The petitioner seeks anticipatory bail since there is no offense of rape involved.
- The petitioner claims to be a victim, highlighting that the victim has filed similar FIRs against multiple individuals in different states and is allegedly extorting them.
- The respondent argues that the petitioner, despite being married with a daughter, engaged in a physical relationship with the victim.
- The respondent alleges that the petitioner deceived the victim with false promises of marriage to obtain consent for the physical relationship.
- It is emphasized that the victim, who is over 30 years old, was taken advantage of by the petitioner’s false pretenses.
- The respondent, supported by the learned advocate and the APP, insists on custodial interrogation for the petitioner and opposes granting of anticipatory bail.
- There is no mention or relevance of physical assault in this context.
Analysis
- Consensual relationship between the petitioner and victim indicated in the FIR.
- Delay in lodging the FIR, almost after one year.
- Significance of the incident that started on 20.02.2023 when another FIR was lodged by the victim in Rajasthan.
- Multiple FIRs alleging rape filed by the victim in different states.
- The victim may have been taken into confidence under the pretext of marriage, despite knowing the petitioner is married and has a child, she entered into a physical relationship with him.
- Accused also named in the offence under Immoral Trafficking Act.
- Relationship issues cannot be a ground for lodging an FIR under Section 376(2)(n) IPC.
- Factors to consider for bail include prima facie evidence, nature of accusation, severity of punishment, risk of absconding, accused’s character, likelihood of offense repetition, witness influence, and risk to justice.
- Bail decision should follow principles laid down by the Supreme Court.
- Consideration given to relevant Supreme Court cases on bail decisions.
- Bail granted with specific conditions to the petitioner in case of arrest.
Decision
- The concerned Court has the authority to modify or relax any of the conditions set for the petitioner on bail.
- The Trial Court should not be influenced by the initial observations made by the Court while granting bail.
- Direct service is allowed for this case.
Case Title: SHAH YASH PRAFULBHAI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6075/2024
