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2025 Supreme(GUJ) 504

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PARTH RAJESHBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:JAYDEEP H SINDHI(9585) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

Though served, respondent No.2 has chosen not to appear before this Court.

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

2. The present successive application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11822021241534 of 2024 registered with Navsari Rural Police Station, District Navsari for the offences punishable under Sections 376(2)(N), 376(2)(J) of the Indian Penal Code, 1860 (for short “IPC”) and sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”).

3. Learned advocate appearing on behalf of the applicant submits that applicant is aged only 25 years and has been falsely enroped in the offence. The charge-sheet is filed and now nothing is required to be recovered or discovered. The applicant was in consensual relationship with the victim since long and even in the FIR age of victim at the time of offence is stated to be 18 years and more and therefore, provisions of the POCSO Act have been wrongly invoked. He therefore submits that, considering the nature of the offence, the applicant may be enlarge

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