SLPR 12457/2022
ITEM NO.2 COURT NO.1 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.12457/2022
(Arising out of impugned final judgment and order dated 01-12-2022 in CRLMA No.8195/2022 passed by the High Court of Gujarat at Ahmedabad)
CHAUDHARY VIPULBHAI FULJIBHAI Petitioner(s)
VERSUS
THE STATE OF GUJARAT & ANR. Respondent(s)
Date : 16-01-2024 This petition was called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Mr. Purvish Jitendra Malkan, AOR
Ms. Dharita Purvish Malkan, Adv.
Mr. Alok Kumar, Adv.
Mr. Ajit Rao, Adv.
Mr. Saudagar Singh, Adv.
Mr. Kush Goel, Adv.
Ms. Deepa Gorasia, Adv.

For Respondent(s) Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.

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SLPR 12457/2022
UPON hearing the counsel the Court made the following
O R D E R
1 The Special Leave Petition arises from an order dated 1 December 2022 of a learned Single Judge of the High Court of Gujarat by which anticipatory bail has been denied to the petitioner in connection with an FIR registered as CR No 11206075220275 of 2022 before Visnagar Town Police Station, District Mahesana for offences punishable under Sections 376(2)(n), 506(2), among others, of the Indian Penal Code and Sections 66(e) and 67-A of the Information Technology Amendment Act 2008. 2 Notice was issued by this Court on 3 February 2023. In the meantime, there has been a direction that no coercive steps shall be taken against the petitioner in connection with the complaint.
3 The case of the petitioner is that there was a consensual relationship between the parties spanning about three years. Moreover, it has been submitted that though the alleged incidents took place between January 2019 and 31 March 2022, the complaint has been lodged on 14 March 2022. 4 In the circumstances, bearing in mind all the facts and circumstances, we direct that the petitioner, in the event of arrest, be released on bail subject to the satisfaction of the Sessions Judge in connection with CR No 11206075220275 of 2022. However, the petitioner shall cooperate in the investigation and shall within a period of two weeks from the date of this order appear before the Investigating Officer in connection with the pending complaint.
5 Since the complainant though impleaded has not appeared in these proceedings, we give her liberty to move this Court in the event that she seeks to do so.
6 The Special Leave Petition is accordingly disposed of.

7 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar