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2024 Supreme(Guj) 86

DIVYESH A. JOSHI
Mansukhbhai Nanjibhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Shalin Mehta, Ld. Sr. Adv. with Mr. Dipak B. Patel.
For the Respondents: Mr. J.K. Shah, Ld. Addl. P.P., Mr. J.S. Adeshra, Ld. Adv..

JUDGMENT :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State and learned advocate Mr. J.S. Adeshra waives service of notice of rule for and on behalf of the respondent No.2-original complainant.

2. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.Part-A-11822015230772 of 2023 registered with the Jalalpore Police Station, Navsari of the offence punishable under Sections 465, 467, 468, 471, 201 and 120(B) of the IPC.

Factual Matrix

3. The broad facts and events as discernible from the record may be stated as under:

    (i) The first information report came to be filed by the first informant, namely, Bhanuben @ Jyotsnaben Wd/o Hasmukhbhai Devjibhai Patel and D/o. Keshavbhai Ramabhai on 27.06.2023 for the incident alleged to have been taken place in the month of May, 2005 arraigning the present applicant as the sole accused.

(ii) It is alleged in the complaint that the complainant is a widow having two sisters and one brother and doing household work. She is the youngest sister and brother is younger to her.

(iii)

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