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2018 Supreme(SC) 1335

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
Sangitaben Shaileshbhai Datanta – Appellant
Versus
State of Gujarat – Respondent


ORDER :

Leave Granted.


2. This appeal by special leave is directed against the order passed by the High Court of Gujarat at Ahmadabad in Criminal Misc. Application No.5391 of 2018 for the offences punishable under Sections 376(2)(f) and 376(2)(i) of the Indian Penal Code, 1860 and also for the offences under Sections 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m) and 10 of the Protection of Children from Sexual Offences Act, 2012 by which the High Court granted bail to the accused (hereinafter referred to as Respondent No. 2”).


3. It is not required to go into the details of the instant case. However, we find it pertinent to mention brief facts, which are as follows. On 16.09.2017, an FIR, C.R No. 113/17 was lodged at Shahpur Police Station, Ahmadabad City against respondent no. 2, under Sections 376(2)(f) and 376(2)(i) of the IPC and Sections 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m) and 10 of the POCSO Act, by the Appellant, who is grandmother of the “victim”. The victim herein is a minor, aged around 7 years.


4. Respondent No. 2 was apprehended thereafter and Charge-Sheet was filed on 05.12.2017 for the offence mentioned in the FIR. Therein, respondent no. 2 approached the High Court for bail and the same w






























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