- (1.) By this application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I- 125 of 2017 with Kosamba Police Station, Surat Rural for the offences punishable under Sections 376(N) of the Indian Penal Code, 1860 (for brevity, 'the IPC ') and under Section 3(1)(r), 3(2)(5-A) of the Atrocity Act.
(2.) Heard, Mr. Vyas, the learned advocate for the applicant and Mr. Patel, the learned Additional Public Prosecutor, for the respondent - State.
(3.) The learned advocate for the applicant submits that it is a case of love affair and consent and since, the applicant did not marry the complainant, present FIR has been lodged against the present applicant. The learned advocate for the applicant submitted that, in view of above circumstance, the offence under the provisions of the Atrocity Act cannot be attracted at all against the applicant. He submitted that the applicant is a young boy aged about 24 years. Besides, the nature of allegations are such for which custodial interrogation at this stage is not necessary. Further, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. 3.1 The learned advocate for the applicant, on instructions, states that the applicant will 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. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. ;