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Synopsis

The Supreme Court recently granted anticipatory bail to a man after noting that the police have filed a charge sheet in a case related to offences of repeated rape and deceitful marriage by a woman.

The man claimed that he had married the woman as per custom, which was the third marriage for both parties.

A bench of Justices Bela M Trivedi and Prasanna B Varale allowed the appeal filed by Hitesh Umeshbhai Mashru against the Gujarat High Court's order of August 23, 2024, which had declined his plea for anticipatory bail.

The FIR was registered on July 16, 2022, at Police Station-B-Division, District Junagadh, for offences punishable under Sections 493 (deceitful marriage) and 376(2)(n) of the Indian Penal Code.

Advocate Virat Popat, appearing for the appellant, submitted that he had married the prosecutrix at the age of 47 years and that it was the third marriage for both parties, i.e., the appellant and the prosecutrix. He further submitted that the appellant had joined the investigation after being granted protection against his arrest by this court by order dated October 1, 2024.

The state counsel, relying upon the additional affidavit filed by the investigating officer, submitted that the investigation was over and that, as per his instructions, the charge sheet had already been filed in the case.

Advocate Aastha Mehta, appearing for the prosecutrix, however, objected to the granting of anticipatory bail to the appellant by submitting that he had cheated the complainant under the pretext of marriage.

She further submitted that their marriage was also not registered; however, they had married as per their customs.

"Having regard to the submissions made by the 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," the bench said.

Court directed that in the event of the appellant's arrest in connection with the FIR of July 16, 2022, registered at Police Station-B-Division, District Junagadh, he should be released on bail, if not required in any other case, on such terms and conditions as may be imposed by the trial court. He should continue to cooperate with the investigation, the court ordered.

"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," the bench clarified.

Case Title: Hitesh Umeshbhai Mashru Vs The State of Gujarat & Anr