Decided on January 07,2021

Chirag Dipakbhai Sulekha Appellant


A.P.THAKER, J. - (1.) Heard Mr. P.P. Majmudar, learned advocate for the applicant, Ms. Moxa Thakkar, learned Additional Public Prosecutor for the respondent - State and Mr. R.N.Singh, learned advocate for the original complainant at length through Video Conferencing.
(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.11196037200856 of 2020 registered with Lakshmipura Police Station, District: Vadodara City for the offences punishable under Sections 366, 376(2)(n) and 506 of the Indian Penal Code.
(3.) Learned advocate appearing for the applicant has vehemently submitted that the offence is alleged to have been committed during the period between 2014 to 2019 on different locations and the complaint has been lodged on 12.11.2020. He has also submitted that there is a huge delay in registering the FIR for which no sufficient explanation has been offered by the original complainant. He has also submitted that as per the FIR the original complainant had knowledge regarding the marriage of the applicant and she denied to marry him. He has also submitted that a alleged by the complainant that the applicant had allured her by promising that the applicant will take divorce from his wife. While reading the FIR, he has submitted that it clearly appears that the ingredients of the alleged offence is missing and there is possibility of consensual relations. He has further submitted that the case of the prosecution is not probable to be true and the same is concocted one. He has also submitted that the applicant has been falsely implicated by the complainant just to harass and extort money from the applicant. He has submitted that the original complainant is an educated lady and major. He has relied on the decision rendered by the Apex Court in Criminal Appeal No. 1165 of 2019 in case of Pramod Suryabhan Pawar v. The State of Maharashtra and Anr. dated 21.8.2019. He has also referred to the various text messages. He has further submitted that the applicant will be available during the trial and will not run away from the justice and will not interfere in the investigation. He has further submitted that this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.;

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