HIGH COURT OF GUJARAT
MRM
VIJAYBHAI @ MUNNO GOPALBHAI @ GOBARBHAI BHADANIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
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. 11189008240780 of 2024 registered with Vankaner Taluka Police Station, Morbi
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 present applicant was 37 years, whereas the age of the victim was 16 years at the relevant time. Moreover, the applicant was already married at the time of incident and despite the same, he had established physical relations with the minor. She, therefore, submitted to dismiss the present application.
5. Learned advocate for the original complainant has also opposed the present application the age of the present applicant was 37 years, whereas the prosecutrix was minor at the relevant time. She, therefore, submitted to dismiss the present application.
6. I have heard the learned advocate
The court granted bail based on the consensual nature of the relationship between the applicant and the minor victim, emphasizing the need for discretion in such cases.
The court granted bail based on the completion of the investigation and the nature of the allegations, emphasizing the immateriality of the prosecutrix's consent due to her age.
The court granted bail based on the nature of allegations and the prosecutrix's relationship with the applicant, emphasizing that consent is immaterial due to her age.
The court granted bail considering the prosecutrix's consent and the nature of the allegations, emphasizing the need for conditions to prevent misuse of liberty.
The court granted bail based on the prosecutrix's admission of consensual relations, emphasizing that age-related consent issues are critical in such cases.
The court ruled that the prosecutrix's age below 18 years rendered her consent immaterial, justifying the grant of bail under specific conditions.
The court granted bail based on the prosecutrix's consent and the circumstances of the case, emphasizing the need for careful consideration in cases involving minors.
The court granted bail under Section 483, emphasizing the importance of conditions to prevent misuse of liberty in cases involving minors.
The court granted bail considering the applicant's custody duration, the nature of allegations, and the prosecutrix's age, emphasizing the need for conditions to prevent tampering with evidence.
The court exercised discretion to grant bail based on the completion of the investigation and the nature of evidence indicating a consensual relationship.
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