HITESH UMESHBHAI MASHRU v. THE STATE OF GUJARAT

1. Leave granted.

2. The present appeal arises out of the impugned judgment and order dated 23.08.2024, passed by the High Court of Gujarat at Ahmedabad in R/ Criminal Misc. Application (for successive anticipatory bail) No. 16462 of 2024, whereby the High Court had rejected the said application, filed by the present appellant, seeking anticipatory bail in connection with the F.I.R. No. 1120302422050[5] dated 16.07.2022, registered at Police Station-B-Division, District- Junagadh, for the offence punishable under Sections- 493 and 376(2)(n) of the Indian Penal Code (for short ‘IPC’).

3. Heard learned counsel appearing for the parties and perused the material on record.

4. It is sought to be submitted by the learned counsel, Mr. Virat Popat, appearing for the appellant, that the appellant had married the prosecutrix (respondent no.2) at the age of 47 years, and it was the third marriage of both the parties i.e. the appellant and the prosecutrix. He further submitted that the appellant has joined the investigation after he was granted protection against his arrest by this Court vide the order dated 01.10.2024.

5. Learned counsel appearing for the respondent- State, relying upon the additional affidavit filed by the Investigating officer, submitted that the investigation is over, and as per his instructions, the charge-sheet has already been filed in the case.

6. Learned counsel, Ms. Aastha Mehta, appearing for respondent no.2 (prosecutrix), however, has objected to the granting of the anticipatory bail to the appellant by submitting that the appellant had cheated the respondent no.2 (prosecutrix) under the pretext of marriage. She further submitted that their marriage was also not registered, however they had married as per their customs.

7. Having regard to the submissions made by the learned counsels appearing for the parties and to the fact that now the charge-sheet has already been filed but, without expressing any opinion on the merits of the case, we are inclined to accept the present appeal.

8. Hence, it is directed that in the event of the arrest of the appellant, in connection with the F.I.R. No. 1120302422050[5] dated 16.07.2022, registered at Police Station-B-Division, District- Junagadh, he shall be released on bail, if not required in any other case, on such terms and conditions that may be imposed by the Trial Court. He shall continue to co-operate with the investigation.

9. It goes without saying that the respondent-State shall be at liberty to file appropriate application seeking cancellation of bail in case any of the conditions, that may be imposed by the Trial Court, are violated or breached by the appellant.

10. Accordingly, the appeal is allowed.

11. Pending application(s), if any, shall stand closed........…… .............. J. (BELA M. TRIVEDI) ........................ J. (PRASANNA B. VARALE) New Delhi 18.02.2025 ITEM NO.4 COURT NO.9 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 12437/2024 [Arising out of impugned final judgment and order dated 23-08-2024 in CRMA No. 16462/2024 passed by the High Court of Gujarat at Ahmedabad] HITESH UMESHBHAI MASHRU Petitioner(s)

VERSUS

THE STATE OF GUJARAT & ANR. Respondent(s) IA No. 205502/2024 - EXEMPTION FROM FILING O.T. IA No. 212551/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 207412/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date: 18-02-2025 This matter was called on for hearing today. CORAM: HON'BLE MS.

JUSTICE BELA M. TRIVEDI HON'BLE MR.

JUSTICE PRASANNA B. VARALE For Petitioner(s): Mr. Virat Popat, Adv. (through VC) Mr. Lokesh Kumar Choudhary, AOR For Respondent(s): Mr. Prashant Bhagwati, Adv. Ms. Swati Ghildiyal, AOR Ms. Aastha Mehta, Adv. Mr. Anshuman Srivastava, AOR UPON hearing the counsel the Court made the following O R D E R