The Gujarat High Court recently granted bail to a man accused of participating in gang-rape of the prosecutrix, after noting that the latter was on very friendly terms with the accused and even after levelling such grave allegations, she had been travelling with him and had been enjoying his hospitality.
Justice Rajendra Sareen observed,
"The facts narrated hereinabove prima facie reveal that the first informant was on very friendly terms with the applicant. It also appears that allegation of rape appears to be unjustified, since all the while the first informant, had been enjoying the hospitality of the applicant and other accused, as the case may be, and there does not appear to be any justification for the first informant in continuously accepting the hospitality of the accused, when according to the first informant, she was being subjected to such a heinous crime."
The High Court further noted that the Prosecutrix) was well-educated and not from a poor socio-economic background such that she could be compelled to accompany the Accused persons.
The Court also did not find merit in the allegations that the rape was video-graphed and the first informant was blackmailed, since no material was available to substantiate the same despite investigation.
The Court was hearing an application filed by one of the accused persons, seeking bail on parity with the other co-accused. He was booked for offences under Sections 376(D), 120(B), 406, 294(B), 506(2), 328, 362 and 114 IPC.
The APP opposed the application on the ground that the prosecutrix first informant was threatened and intimidated to settle the matter, therefore, releasing the applicant would lead to tampering of evidence.
The High Court noted that the Prosecutrix had indeed travelled along with the accused to Gandhidham and then allegations were made during the journey in which the Applicant was not named. After her return to Ahmedabad, she had gone to Goa on vacation.
"These facts prima facie reveal that probably no such incident had taken place on 11.09.2020, and therefore the first informant had behaved absolutely normally," the Court said and granted bail to Applicant herein subject to personal bond of Rs. 2 lacs.
Case No.: R/CR.MA/11992/2022
Case Title: PRAGNESH HARSHADBHAI PATEL @ P.G. @ PRAGNESH GOTA v/s STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 338