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2025 Supreme(GUJ) 380

HIGH COURT OF GUJARAT
MRM
JAYESH @ SONU VINODBHAI MOURYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR MATAFER R PANDE(3952) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

(M.R. MENGDEY, J.) 

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

2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11214046241260 of 2024 registered with Palsana Police Station, Surat.

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP has opposed the present application, inter alia, contending that the age of the prosecutrix was merely 15 years and 5 months at the relevant time, and therefore, her consent would be immaterial. She, therefore, submitted to dismiss the present application.

5. Learned advocate for the original complainant has also opposed the present application.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. Upon perusal of statement of prosecutrix recorded during the course of investigation, it appears that the present applicant and the prosecutrix were h

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