Decided on June 21,2022

Vikram Singh S/O Puran Singh Negi Appellant


ILESH J.VORA,J. - (1.) Apprehending the arrest, the applicant herein seeks pre- arrest bail under Sec. 438 of Cr.P.C. in connection with the FIR being C.R. No.11191030210055 of 2021 registered with Mahila Police Station (West), Ahmedabad for the offences punishable under Ss. 376, 376(2)(n), 354, 354(A)(1)(i), 328 and 406 of IPC.
(2.) This Court has heard Ms. Megha Jani, learned advocate with Mr. Kshitij Amin, learned advocate for and on behalf of the applicant, Mr. Manan Maheta, learned APP for the respondent- State and the original complainant as a party-in-person.
(3.) The applicant has been charged with offences punishable under Sec. 376, 376(2)(n), 354, 328 and 406 of the IPC. According to the case of prosecution, the applicant herein alleged to have committed rape upon the victim-complainant against her will and without her consent. In January, 2020, victim and the applicant met in the Food Event for the first time. They exchanged their mobile numbers. In the event, the applicant introduced the victim to his family members. The victim was having food stall at the event, the family members of the applicant placed an order to buy pickle and accordingly, it was supplied by her. Thereafter, they were in constant touch either on mobile or whatsapp chat. The victim is unmarried and was in search of good person to settle by way of marriage. She had registered her name with matrimonial site and was in contact with suitable person also. Meanwhile, the applicant and victim exchanged their personal details. The applicant projected himself that his family life with his wife is not well and they are not in good terms. The applicant and victim came more close to each other and applicant shown his interest to live with the victim and win over the sentiments and sympathy of her and they were occasionally meet at the house of the applicant, however, they did not indulge in sexual intercourse. The victim was also interested to settle with the applicant. On 23/9/2020, the applicant called the victim at his home, where, both consumed drinks and on insistence of the applicant, she smoked the intoxicated substance "weed", which also smoked by the applicant. It is alleged in the complaint that, after taking some of the puffs of the "weed", she started spinning. The applicant herein asked for sexual favour which she had refused. Despite the resistance of the victim, the applicant indulged into sexual intercourse and on same night, again, he had forcefully maintain sexual intercourse with the victim. In these background facts, the victim made her protest by sending whatsapp messages which the applicant admitted that he should not have done the act. Thereafter, the applicant herein stopped to respond to the calls and whatsapp messages of the victim. The victim tried her level best to reconcile the situation, but, it could not resolved positively. In these circumstances, the victim lodged the written complaint alleging that at relevant point of time, she did not freely agreed to submit herself and there was no consent at all and the applicant herein cheated her to satisfy his lust and engaged in the sexual intercourse without her will and consent.;

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