Salimbhai Ibrahimbhai Mir VS State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

NIKHIL S.KARIEL
Salimbhai Ibrahimbhai Mir – Appellant
Versus
State of Gujarat – Respondent

Counsel for the Parties:
For the Applicant No.1:Mr. ND Nanavaty for Nanavaty, Advocates (1373)
For the Respondent No.1: Mr. LB Dabhi, Assistant Public Prosecutor

ORDER (ORAL)

Heard learned Senior Advocate Mr. Nirupam Nanavaty for the applicant and learned Additional Public Prosecutor Mr. L. B. Dabhi on behalf of the respondent-State.

2. By way of this application under Section 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail in connection with FIR No. 11218009220115 of 2022 registered with Kamlabaug Police Station, District Porbandar on 19.03.2022 for offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and Section 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012.

A. Learned Senior Advocate Mr. Nanavati would take this Court through the FIR as well as the affidavit filed by the Investigating Officer before the learned Sessions Court and the order passed by the learned Sessions Court and would submit that while initially when the prosecutrix had appeared before the concerned Police Station, the case of the prosecutrix was that she had traveled from Porbandar out of her own volition to Chotila and from Chotila she had gone to Gandhinagar where she had gone to the house of the applicant and upon the daughter of the applicant calling up the