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2021 Supreme(Guj) 5

A.Y.KOGJE
Imran Haji Ramjani Multani – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Asim Pandya, Mr. Aditya D. Bhatt, Chandni S. Joshi.
For the Respondent: Mr. L.B. Dabhi.

ORDER :

1. RULE. Learned APP waives service of Rule on behalf of the respondent-State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No. 11187007201253 of 2020 registered with Santrampur Police Station, Mahisangar for offence under Sections 376D, 376(2)(n), 377, 506(2) and 507 of the Indian Penal Code.

3. Learned senior advocate Mr. Asim Pandya with learned advocate Mr. Aditya Bhatt, appearing on behalf of the applicant submits that the bail application deserves consideration on the ground that the version given by the prosecutrix is not consistent when the statement of the prosecutrix and the medical history recorded by the Medical Officer is compared. It is submitted that the versions are quite contradictory and virtually the accused No. 1 has been exonerated from the reading of version recorded by the Medical Officer. It is submitted that the statement of the prosexutrix can also be doubted as the same is not supported by the medical evidence. Even after filing of the charge-sheet, there is nothing on record to suggest that forcibly sexual intercourse had taken place as though the in

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