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2025 Supreme(GUJ) 321

HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
GANESH BAMBAHADUR NEPALI – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR HIMANISH J JAPEE(11295) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

(M. R. MENGDEY, J.) 

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

2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11203068240627 of 2024 registered with Vanthali Police Station, District Junagadh.

3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. The learned APP appearing for the respondent State has vehemently submitted that the applicant is resident of Nepal. The applicant was already married at the time of incident and despite that, he had established physical relations with the prosecutrix who was minor at the relevant time. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.

5. Though served, none appeared on behalf of the respondent no.2.

6. Heard learned advocates appearing for the parties and perused the material av

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