ORAL ORDER

1. Learned senior advocate Mr.Jal.S.Unwala with learned advocate Mr. Rushabh Shah for the applicant seeks permission to withdraw the present application qua applicant no.1. Permission as prayed for is granted. Therefore, application is disposed of as withdrawn qua applicant no.1.

2. This application is filed seeking regular bail in connections with the F.I.R NO.11822009240363/2024 Registered with Chikhli Police Station. It is the case of the prosecution that the complainant is serving in the beauty parlour and staying with her grand parents as her father has expired and mother has left her and staying with another person namely Jitubhai Patel.

2.1. On 21.03.2024 she received a call from an unknown number and thereafter, she started speaking frequently on the said number. At that time, she came to know that the said person is namely Dharmesh Joshi. As the complainant desires to study further for which the applicant no.1 conveyed that he would help her and would take her to Nasik as he is having acquaintances there.

2.2. On 24.03.2024 the prosecutrix was called by Dharmesh Jodhi and they were accompanied in his car and thereafter, she was dropped at Daman Police Station. Again on 09.04.2021 under the guise that on the next day they would go to Nasik for making arrangements of further education of the prosecutrix.

2.3. On 10.04.2024 around 9:30 am she came to Navsari Toll Booth and thereafter called accused no.1 Dharmesh Joshi. He came in his Brezza Car and she was made to understand to sit in the car and thereafter one more person, i.e the present applicant, was taken into the vehicle and all three persons went to travel in the car. The accused no.1 offered Thumbs Up cold drink to the prosecutrix, which she consumed and thereafter, she felt uneasy and became unconscious. When she regained her consciousness, she realized that there were no clothes on her body and she was having pain in her private parts and abdomen. On inquiring about the same she was threatened on knife point asking not to disclose anything to anyone. Thereafter, she was taken into the forest area and then dropped near the bus depot at Chikhli. The prosecutrix then traveled in a bus and came to Surat and consumed 18 paracetamol tablets at a time and as she started feeling dizzy, someone called 108 ambulance and she was admitted to Smimer Hospital, Surat. Thereafter, she lodged FIR for the offence punishable under section 376(1), 328, 366, 506(2), 114 of IPC and section 135G.P.Act and sections 3(1)(W)(1), 3(2)(5), 3(2), (5-A) of the Atrocity Act.

3. Heard Learned senior advocate Mr.Jal.S.Unwala with learned advocate Mr. Rushabh Shah for the applicant and Mr.Adil Mirza for the complainant and learned APP Mr.H.K.Patel for the respondent-State.

4. Learned senior advocate Mr.Jal.S.Unwala submits that admittedly as per the allegations made in the FIR the applicant no.2 has not committed any offence with regard to section 376. At the most, the allegations are with regard to abatement in the crime. Learned senior advocate Mr.Jal.S.Unwala submits that even from the averments made in the FIR it transpires that it is made to pressurize the accused person who was trapped in the instant case, applicant was arraigned as accused. Learned senior advocate Mr.Jal.S.Unwala by submitting this, has prayed to exercised the discretion in favour of the applicant no.2 and be released on regular bail.

5. On the other hand, learned advocate Mr.Adil Mirza for the complainant as well as the learned APP Mr.H.K.Patel for the State has submitted that at present investigation is under progress and under the pretext of helping the prosecutrix in her further studies the offence was committed by serving intoxicated cold drinks by accused no.1 and applicant no.2 has abated in the crime and therefore, it was prayed not to release the applicant on bail.

6. Considering the arguments advanced by the learned advocates for the respective parties and on perusing the investigation papers it transpires