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2022 Supreme(Guj) 307

ILESH J.VORA
Kamleshbhai Bhikhabhai Bhoraniya – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Bharat T. Rao, Advocate.
For the Respondents:Manan Mehta, APP, B.M. Gupta and C.B. Gupta, Advocates.

JUDGMENT :

Ilesh J. Vora, J.

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. 111890001210504 of 2021 registered with Halvad Police Station, for the offences punishable under Sections 376(2)(n), 354(A) of IPC read with Section 12 of POCSO Act.

2. Brief facts giving rise to present application are that, an FIR for the offence of rape and sexual harassment to the minor daughter of the victim aged about 14 years came to be filed on 28.07.2021. The parties are residing at village: Halvad, Dist.: Morbi. Since last 8 years and more, the victim and her husband, with two kids are residing in rented house, adjacent to the house of the applicant herein and accordingly they developed family relationship. It is stated by the victim that she fell in love with the applicant and indulge in physical relationship, which would continue for long time. Admittedly, the vary facts being in knowledge of husband of the victim and other members of the society. It is stated that before one and half year ago, she informed the applicant that, she intends to end this rela

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