Khodabhai Panchabhai Rabari vs State Of Gujarat on 10 March, 2025

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(1) By way of the present application under Section 438 of the Code
of Criminal Procedure, 1973, 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. 11993010250006 of 2025
registered with Rapar Police Station, Kachchh (East),
Gandhidham, for the offences punishable under Sections 64(2)(M),
140(3) and 351 (2) of BNS, 2023 and Section 135 of the GP Act.

(2) Learned advocate for the applicant submits that the applicant has
nothing to do with the alleged offence and has been falsely roped
in the offence. The applicant and complainant belonged to the
same village and known to each other since childhood. He further
submitted that, they were in consensual relationship for seven
years. The complainant is three years elder than the applicant and
is mother of two children. The complainant is very well mature to
understand the nature of her actions and decisions. He has further

NEUTRAL CITATION

R/CR.MA/3074/2025 ORDER DATED: 10/03/2025

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submitted that, the applicant is biological father of said two
children. In this regard, affidavit filed by the victim. Complaint is
filed forcefully at the instance of husband of the victim. Complaint
is filed belatedly and for that, no explanation is given. Only with a
view to settle the score as the victim wants to live with the
applicant, she voluntarily came with the applicant. Therefore,
custodial interrogation at this stage is not necessary. Besides, 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.



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