HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PARTH RAJESHBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
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
Sanjay Chandra vs. Central Bureau of Investigation
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh
The court emphasized that bail is a rule and pre-trial detention should not equate to a conviction, considering the applicant's age, lack of prior offences, and the nature of allegations.
The court emphasized that bail is a rule and jail is an exception, prioritizing personal liberty and the completion of investigation in granting bail.
Bail is the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when trial will take time and no recovery is pending.
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 applicant's circumstances, emphasizing the need for conditions to prevent tampering with evidence and ensure compliance during trial.
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 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 granted bail based on the applicant's compliance with conditions and the nature of the allegations, emphasizing the importance of the relationship history and the status of the investigatio....
The court emphasized that bail is a rule and jail is an exception, considering personal liberty and the nature of allegations in granting bail.
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.
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