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2025 Supreme(GUJ) 106

HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
ALPESHBHAI NATHUBHAI BARIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR PRUTHVIRAJSINH V SOLANKI(10190) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.

2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11207024241143 of 2024 registered with Godhra Taluka Police Station. Panchmahal.

3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.

4. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that during the course of investigation, the statement of the prosecutrix had been recorded, wherein she had categorically stated that the applicant had established physical relations with her against her will. Learned APP therefore submitted that looking to the nature and gravity of offence,

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