The Gujarat High Court in the case Pragnesh Harshadbhai Patel @ P.G. @ Pragnesh Gota v/s State of Gujaratobserved and has 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 has been enjoying his hospitality and had been travelling with him.
The bench comprising of Justice Rajendra Sareen observed that hereinabove the facts narrated prima facie reveal that the first informant was on very friendly terms with the applicant. Also, it appeared that the allegation of rape 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 in continuously accepting the hospitality of the accused. As per the first informant for the first informant, she was being subjected to such a heinous crime.
Further, the High Court 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. Also, the court did not find merit in the allegations that the rape was video-graphed and the first informant was blackmailed, hence no material was available to substantiate the same despite investigation.
An application was 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 Indian Penal Code, 1860.
The application was opposed by the APP on the ground that the prosecutrix first informant was threatened and intimidated to settle the matter, however, releasing the applicant would lead to tampering of evidence. It was noted by the High Court 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, on vacation she had gone to Goa. It was stated by the court and the bail was granted bail to Applicant herein subject to personal bond of Rs. 2 lacs that 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.