Anticipatory bail should not be granted in serious offences involving prima facie evidence of involvement, as it may hinder the investigation and compromise justice.

ORDER :

1. RULE. Learned APP waives service of notice of Rule on behalf of the respondent – State.

2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11213006240233 of 2024 registered with Bhayavadar Police Station, Rajkot Rural for the offences punishable under Sections 376(2)(N), 313 and 114 of the Indian Penal Code, 1860 (for short “ IPC ”).

3. Learned advocate for the applicant submitted that present applicant is innocent and he has renounced worldly pleasure and he is worshiping God and is looking after the affairs of Gurukul. The complaint is filed at the instance of victim wherein she has stated that as she become Nun of Swaminarayana Sect, she came alongwith her parents and willingly executed the affidavit and was left at the Gurukul. It is alleged that present applicant under the false pretext of marriage developed sexual relations with the victim by assuring the victim that the applicant and victim both have to reside as monk and nun and under such false pretext, the applicant committed repeated offence of rape for five times against the will and wish of the victim. In this regard the complaint is filed. Further, all the allegations that are leveled are far from truth. The complaint is filed belatedly and even if we accept the allegations as it is, then also the victim was major and by her consent the alleged relationship was established and therefore, nothing is required to be recovered or discovered from the present applicant. The applicant is not having any past antecedent and co-accused are arrested and released on regular bail.

3.1 Even, perusing the whatsapp chat between the applicant and the victim, it appears that there was consensual relationship and since 04.06.2022, the victim has left the Khirsara Gurukul and she stayed at different places namely Botad, Bhavnagar, Rajkot, Halvad and Bhuj Girls Hostel and hence the entire story is cooked up based on absurd version and thereafter, belatedly after a delay of two years the complaint is filed with ulterior motive. Further, the charge-sheet is filed against co-accused and his name is shown in column No.2 of the charge-sheet. The applicant is ready and willing to join the investigation and hence, there being nothing to be recovered or discovered from the present applicant, he has requested to allow the present application as there is no requirement of custodial interrogation.

4. Per contra, learned APP appearing for the State has vehemently opposed the present application on the ground that present applicant has lured the victim and against her will, under the false pretext of marriage, the applicant has developed relationship and then committed repeated rape and due to such act of applicant, the victim even became pregnant and at that time in abetment of co-accused the fetus was aborted against the will and wish of the victim by the present applicant and co-accused No.2, who is also a Saint and one Hostel Rector had also abetted the offence and threatened the victim / complainant to remain silent. Under the false pretext of marriage and against the will and wish of the complainant, time and again sexual assault being made on the complainant and the applicant though being Saint indulged in such immoral activity and considering the statement recorded of the victim prima facie evidence collected from mobile phone i.e. chats with the applicant is also found which clearly shows involvement of the present applicant and therefore, to recover the said mobile instrument, custodial interrogation of the applicant is required. The offence is registered in June, 2024 and since then the applicant is on run till date and he is out of the country and even, warrant under Section 72 of the CrPC also came to be issued and thereafter, Look Out Circular is also issued. Even, cons