S.H.Vora,J. - (1.)Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.
(2.)This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.11198068201357 of 2020 with Bharatnagar Police Station, Bhavnagar for the offences punishable under Sections 406, 420, 376(2)(n), 328, 344, 506(1), 506(2) and 34 of IPC.
(3.)Facts of the case is as under :-
3.1. Original informant has two sisters and one brother in the siblings and all of them are married and the marriage of original informant was solemnized on 04.05.2007 with one Pareshbhai Rameshbhai Bhatt at Vadodara pursuant to which original informant has given birth to two boy children viz. Kalp and Jainil. As marriage life of brother of informant viz. Siddharth was not going well, therefore, in June, 2018 younger sister of informant viz. Vaishaliben talked about the same with her friend viz. Punitaben Pandya, she gave reference of the accused no.1 by saying that he is big astrologist and will give some solution to the problems. It is alleged that when the said sister of informant contacted accused no.1 and informed him about their problems, the accused no.1 told that he will come to Bhavnagar for the rituals and allegedly, when original accused no.1 came to the parental house of informant, he informed parents and brother, sister of informant that for bringing solution to their problems he need to conduct some rituals and for which the expenses would be around Rs.90,000/- on which brother of informant gave him Rs.48,000/- at that point of time thereafter when accused no.1 asked brother of informant to come to Vadodara for conducting the rituals at that time said brother of informant gave him remaining amount of Rs.42,000/-. It is alleged that time and again on the verge of conducting rituals practices accused no.1 used to call brother of informant and Vadodara and for which accused no.1 has taken in all total amount of Rs.14,91,000/- towards expenses, out of which around Rs.1 to 1.5 lakhs were transferred by brother of informant to the bank account of daughter and wife of accused no.1. It is alleged that in April 2019 for purpose of conducting ritual on the son of informant, informant along with her husband went to Vadodara to meet accused no.1, thereafter, after said rituals again informant went there along with her husband and sons for taking blessing of original accused and at that time accused no.1 allured original informant to conduct ritual programe at her house and he will come for the prayers pursuant to which in June 2019 informant orgnaized ritual programe at her house, where accused no.1 also came and after prayers he gave prasad to informant eating which she felt unconscious, thereafter, as the health of informant was deteriorating the husband of informant called accused no.1 who told that they both should not live together and asked informant to go to Bhavnagar where accused no.1 will come to perform rituals upon and allegedly thereafter the accused no.1 on the verge of performing the rituals have committed rape upon informant by making her unconscious and thereafter told her to stay at Bhavnagar only and not to go to her husband also accused no.1 blamed husband of informant for her deteriorating health and asked and forced informant and her family members to obtain divorce from her husband. It is alleged that accused no.1 also allured sister and brother in law of informant for performing rituals and on the verge of the same, accused no.1 obtained Rs.7,00,000/- and gold items worth around Rs.2,00,000/- from sister of informant. It is alleged that in November, 2019 accused no.1 asked informant to come to his house at Vadodara for performing rituals, where accused no.1 asked informant to remove her clothes and on denying same, accused no.1 shown informant her nude photographs which he had taken at Bhavnagar in her house on the verge of performing the rituals, and thereby had blackmailed her regarding making viral same on social media if she does nto act and do things as per his wishes and told her that she has to reside with him only also accused no.1 asked relatives of informant to not to inform to anyone about the whereabouts for the purpose of rituals. It is alleged that during said period wife of accused no.1 was not residing in the house and on some occasion she used to visit and use to leave thereafter. It is alleged that on 11.11.2019 accused no.1 took informant to a notary office where by blackmailing her accused no.1 obtained her signature on the papers, which belatedly was known to be in live in relationship agreement and thereafter till September, 2020 informant resided with accused no.1 and during that duration accused no.1 has committed rape upon her several times. It is alleged that during that duration sister, brother and other relatives of informant used to visit house of accused no.1, but they were not permitted to meet informant and allegedly thereafter accused no.1 allured brother in law of informant to delete whats app chats from mobile phone of brother and sister of informant. It is alleged that thereafter, brother of informant called accused no.1 to send her to Bhavnagar for court proceedings regarding her divorce and when informant went there, she was informed that accused no.1 is thug person and not astrologist and he has looted in all around Rs.22,41,000/- from brother of informant and Rs.7,00,000- cash and gold items worth Rs.2,00,000/- from sister of informant. Thereafter informant did not return to Vadodara. On 20.09.2020 accused no.1 came to Bhavnagar whereby he was being trapped and he accepted all his mistakes and promised to return their money and on the same day he withdrawn Rs.70,000/- from ATM and gave to informant, also he left his car and mobile phone with them and promised to return remaining amount on returning to Vadodara and thereafter, gave Rs.11,00,000/- in cash to them and signed on TTO form for his car and promised to return remaining amount in 2 3 days. It is alleged that thereafter on 22.09.2020, brother in law of informant got call from Makarpura Police Station pursuant to application of accused no.1 for offence of loot of Rs.12,00,000/- and his Baleno car. It is alleged thereafter, on 24.09.2020, Bharatnagar Police staff came to the house of informant regarding complaint of accused no.1 and took them to police station where accused no.1 along with his relatives and othere were present and allegedly there original accused no.1 asked informant to return his Rs.12,00,000/- and Baleno car and his signed Kabulat Namu or else he will register FIR against them, therefore, on such threat they return aforesaid amount, car and original Kabulat namu to accused no.1 and allegedly thereafter accused no.1 gave them life threat if they tried to register any case against him and thus, it is alleged that accused no.1 has committed alleged offence. Hence, FIR.