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2025 Supreme(GUJ) 367

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
AASHIF BASHIR SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR APURVA R KAPADIA(5012) ,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.11823017241823 of 2024 registered with Rajpipla Police Station, Narmada for the offences punishable under Sections 87, 137(2), 64(2)(i) of the Indian Penal Code, 1860 (for short “IPC”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”), and Section 4 of the POCSO Act and Sections 3(1)(w)(1),3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The charge-sheet is filed and investigation is over. Nothing is required to be discovered or recovered from the presnt applicant. There is a love affair between the victim and the applicant, and the victim is ready to marry the applicant. However, as they belong to different communities, the dispute has arisen. The applicant is in jail since 25.10.2024. It is further submitted

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