- (1.) This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with the FIR bearing CR No. I -117 of 2015 registered with Vejalpur Police Station, Ahmedabad for the offences punishable under Sections 376 and 328 of the IPC.
(2.) The facts of the case in brief are as under:­ The prosecutrix has lodged the FIR on 14.6.2015 with Vejalpur Police Station against the applicant for the offecnes punishable under Sections 376 and 328 of the Indian Penal Code. She has stated therein that she was residing with her husband in live­in­relation prior to marriage. Thereafter on 6.11.2006 they both had married and a daughter was born on 15.10.2007 to her. Earlier between 2003 to 2006 while she was serving in Harsha Engineering Company situated at Changodar, the present applicant was also serving there and they both knew each other. On 29.8.2013 the present applicant contacted her through face­ book and thereafter they used to meet each other. When her husband happened to go out of station for office work she and applicant used to go out and share their problems. She had told the applicant that since February, 2007 she did not have any physical relation with her husband. Even the applicant had told about his affair to her. Thereafter they both had become more intimate and used to frequently meet. On 12.10.2013 applicant had called her near Prahladnagar Garden at around 4:30 in the evening. She had gone at that place where the applicant had arrived with his car. She had told the applicant that she was little disturbed and thereupon the applicant had told that they would go to his home and talk. Thus, the applicant had taken her to his home where he had given her some cold drinks. After taking that drink she felt dizzy. At that time she had told applicant about dizziness and he had told her to go in his bed­room and take rest. She has further stated that when she found that there were no clothes on her body and she was scared and had asked applicant as to what he had mixed in the drink. At that time the applicant told that he liked her very much and that he wanted to marry her and that he would also adopt her daughter. However, she had not consented and had told that though she did not have good relations with her husband but will not leave him and thereafter she had left applicant's home by telling him not to contact her. On the next day the applicant had called her on phone and had told her to meet him. At that time she had refused to meet him. Thereupon the applicant had told her that he has her nude clipping and that he would upload the same on the website and also show it to her husband. Therefore, she had gone to meet him and applicant had told that he has committed mistake and that he will never do it again and had sought her pardon. Four days later applicant had called her on phone and threatened about uploading of nude clipping. Thereafter by taking her at his home against her will he started establishing physical relation. Thus, between 12.10.2013 to 10.12.2013 the applicant used to take her at his home frequently. Thereafter during March and April he has not met her and during this period she has never seen her clipping nor applicant has shown the same to her. In this connection she has never informed anybody and has not made any complaint for fear of tarnishing her reputation in the society. But when her husband saw her phone and saw the messages and photos exchanged with the applicant he has come to know about this.
(3.) Heard Mr.N.D.Buch, learned counsel for the applicant. He has contended that there is delay of 14 months in registration of the FIR. From the record it transpires that extramarital relationship between the applicant and the complainant remained intact at least till April, 2014. He has drawn attention of the Court to the conduct of the complainant - victim and contended that in our society a married woman like complainant who is not keeping matrimonial relation with the husband and ignoring to keep such relation with him by saying that she dislikes him as a legally wedded wife, who is keeping illicit relations with other person is not tolerable in the society. He has contended that this shows moral character of the present complainant. He has further drawn attention of the Court to the documents produced on record and contended that this is a clear case of blackmailing or approach of the person who is abnormal or even in a disabled mental condition. He has contended that only when complainant's husband learnt about her relations, the FIR came to be lodged against the present applicant. He has contended that statement of complainant was recorded on 17.2.2015, wherein she has affirmed that she had voluntarily developed physical relations with the applicant, more particularly when she had no physical relations with her husband since February, 2007. Even the husband of the complainant has given his statement on 17.3.2015 disclosing the disturbed matrimonial relations and even statement of the applicant was also recorded on 1.3.2015. These statements of the complainant and her husband go to show that there were no cordial relations between the complainant and her husband and had worsened after February, 2007. He has contended that by way of an additional application dated 10.3.2015 the complainant had leveled similar allegation against the applicant. However, on 20.3.2015 the complainant herself had requested the concerned Investigating Officer to permit her to withdraw her previous complaint dated 4.2.2015. He has contended that on 1.6.2015 the applicant had requested the Assistant Commissioner of Police in writing to do the needful since there was constant harassment and blackmailing from the complainant. In view of the above facts, he has prayed to grant anticipatory bail to the present applicant.;