Point of Law: Prosecutrix is married with the applicant and the said fact is suppressed by her in the FIR -Custodial interrogation of the applicant is not necessary at this stage

ORDER :

[1] Heard the learned advocates for the respective parties through video conferencing.

[2] RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent – State.

[3] By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.11217026200549 of 2020 registered with Patan Taluka Police Station, District Patan for the offences under Sections 376(2)(b), 366, 344, 328, 323 and 114 of the Indian Penal Code, 1860 (for short “the IPC”).

[4] Brief facts of the case are as under:-

[4.1] It is the case of the prosecution that on 05.05.2020 at around 4:00 p.m., when the prosecutrix was at home, the present applicant called her on the mobile phone and informed that her nursing passing certificate is ready and he would be waiting with the certificate at Sankhari Village Bus Stand from where she could collect it.

[4.2] It is further case of the complainant that after reaching the said place, the applicant was waiting in a car and the complainant was given water and after drinking the same, she become unconscious and after regaining consciousness, she found herself at an unknown place in Rajasthan.

[4.3] It is further narrated in the complainant that during this journey she stayed at different places for around 5 days and thereafter, she accompanied the applicant at his home at Ambikanagar. During the stay at the home at Ambikanagar, the applicant has committed the offence as alleged against her wish.

[4.4] It is further case of the complainant that she stayed for 8 days with the applicant at his home and thereafter, she accompanied to Village Ghoda located at the interior of Viramgam where she stayed for 1 month and she categorically stated that the applicant has not touched her even once.

[4.5] It is further alleged in the complaint that thereafter, she accompanied to the applicant’s house located at Palanpur and stayed for 15 days where the applicant had intercourse with her against her will. Thereafter, it is alleged that the complainant was taken to a dental hospital where her friend Jayaben was working and the complainant was asked to convince her friend Jayaben for withdrawing case filed against the applicant. During this journey of meeting Jayaben she asked her to inform her parents regarding what has happened with her and she returned back to the present applicant and stayed further for 15 days wherein the applicant had intercourse with her against her will and the applicant’s previsou wife Manjulaben (accused no.2), who has been granted anticipatory bail by the Sessions Court, was also present, who had beaten the complainant during her stay. Thereafter, the complainant was taken to a flat in Shraddha Residency owned by the applicant at Dhundhiyawadi where she stayed for 8 days, accompanied the applicant at his office and the applicant did not had any intercourse with her. Thereafter, Jayaben informed the parents of the complainant and on 01.08.2020 she was taken by her parents and subsequently on 12.08.2020 the impugned FIR was lodged.

[5] Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, as well as in the trial also and will not flee from justice.

[6] Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to 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 further submits that upon filing of such application by the investigating agency, the right of the applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submits that considering the a