HIGH COURT OF GUJARAT
MRM
ALPESHBHAI DALSINGBHAI PARGI – 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. 11821048240306 of 2024 registered with Sukhsar Police Station, Dahod.
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 below 18 years at the relevant time, and therefore, her consent would be immaterial. He, 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 the prosecutrix recorded during the course of investigation, it appears that she was having a love affair with the present applicant and
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 based on the prosecutrix's admission of consensual relations, emphasizing that age-related consent issues are critical 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 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 under Section 483, emphasizing the importance of conditions to prevent misuse of liberty in cases involving minors.
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 prosecutrix's consent and the circumstances of the case, emphasizing the need for careful consideration in cases involving minors.
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 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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