R/CR.MA/17826/2025 ORDER DATED: 04/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 17826 of 2025 (FOR ANTICIPATORY BAIL) ======================================================= AUKHABHAI RAMABHAI THAKOR Versus STATE OF GUJARAT & ANR. ======================================================= Appearance: MR BHUVNESH GAHLOT(10286) for the Applicant(s) No. 1 MS JYOTI BHATT APP for the Respondent(s) No. 1 ======================================================= CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 04/09/2025 ORAL ORDER By filing instant application, the applicant has prayed for anticipatory bail in connection with FIR produced at Annexure-A. Learned advocate for the applicant has referred to the FIR and submitted that the applicant is falsely implicated in the aforesaid offence and if the Hon’ble Court would make cursory glance upon the contents of the FIR, in that event, it is found out that all the allegations are leveled against the original accused no.1 and limited role is attributed to the present applicant as he had accompanied the accused no.1 on the motorcycle and except this, no other role is attributed to him. He submitted that the story put forward by the complainant is not believable one because there were three persons on the bike to kidnap the minor girl, which itself is not digestible one. It is, therefore, urged that the present application may be allowed and the applicant may be granted anticipatory bail on R/CR.MA/17826/2025 ORDER DATED: 04/09/2025 suitable terms and conditions. On the other hand, learned APP for the respondent – State has opposed the present application and submitted that prima facie basic and essential ingredients of the alleged offences are made out. He submitted that it is the specific case of the complainant that threats were administered by the accused to the minor victim girl of killing his brother and father and under the threats, the accused no.1 has committed rape upon minor girl and when the said fact came to the notice of the complainant, he was also threatened with dire consequence. It is, therefore, urged that prima facie involvement of the applicant is found out and his custodial interrogation is required, therefore, the present application may not be entertained. Having heard learned advocates for the parties and having gone through the considering contents of the allegations, it is found out that the FIR has been registered under the provision of the BNS, 2023 as well as under the provision of POCSO Act because the accused no.1 had committed rape upon minor girl, aged about 15 years, 2 months and 24 days under the threats of killing his brother and father, not once but on several occasions and on the day of incident, when the accused had gone to the house of the complainant, he woke up and, thereafter, the accused fled away from the said place and upon making inquiry from the minor victim girl, the fact of committing rape against her will and wish has come on surface and, thereafter, the aforesaid R/CR.MA/17826/2025 ORDER DATED: 04/09/2025 FIR has been lodged. I have considered the allegations and accusation leveled by the complainant in the FIR, which are very serious in nature. I have considered the affidavit filed by the IO filed before the learned Judge concerned opposing the anticipatory bail application preferred by the applicants. In the said affidavit, the concerned IO has narrated the role played by the applicant in a very graphical manner. I have also considered the investigation papers collected so far and found involvement of the applicant in the commission of crime. Not only that, prior to registration of the FIR, threats were administered to the victim girl as also complainant, therefore, there are all possibilities that after the grant of anticipatory bail, it would continue again. I have also considered number of decisions of the Hon’ble Supreme Court as well as this Hon’ble Court, wherein the parameters have been given for consideration of the application for anticipatory bail. However considering the facts of the case as also the averments made in the FIR, the applicants are not entitled for any relief as prayed for. On the contrary, record suggests that custodial interrogation of the applicants is required. Thus in view of the discussion, the present application deserves to be rejected and is accordingly rejected. (DIVYESH A. JOSHI, J.) Gautam Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 04/09/2025 14:22:19