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2025 Supreme(GUJ) 224

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
RAMESHBHAI JORUBHAI KATOSANA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:SAJID Y KARIYANIYA(9619) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

HASMUKH D. SUTHAR, J.

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11211045240428 of 2024 registered with Sayla Police Station, District Surendranagar, for the offences punishable under Sections 137(2), 87, 351(3), 54, 64(2)(i)(m) of The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and under Section 12, 5(L), 6 of the POCSO Act .

3. Learned Advocate appearing on behalf of the applicant submits that the applicant is innocent and falsely implicated in the alleged offence. The charge sheet is filed and the allegations against the present applicant is that of abatement. Nothing has been recovered or discovered from the present applicant. He further submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

5. While granting bail, the Court has to consider the involvement o

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