HIGH COURT OF GUJARAT
MRM
VAGHARI VINODBHAI RAMESHBHAI – 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. 11204028240199 of 2024 registered with Kapadwanj Rural Police Station, Kheda.
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. Moreover, the applicant happens to be the real brother-in-law (Banevi) of the prosecutrix. He, therefore, submitted to dismiss the present application.
5. Pursuant to service of notice, the original complainant viz. Arunaben Vinodbhai Vaghari is present before the Court and submits that she has no objection, if the present applicant is ordered to be enlarged on bail. She, therefore, submitted to pass an appropriate order.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In pres
The court granted bail based on the prosecutrix's statement indicating no coercion, emphasizing discretion in bail matters when the investigation is complete.
Bail may be granted on humanitarian grounds, even in serious cases, considering the applicant's age and the completion of the investigation, provided strict conditions are imposed.
The court granted bail considering the amicable settlement between parties and the prosecutrix's consent, despite her age, while imposing strict conditions to ensure compliance and prevent tampering.
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 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 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 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 has discretion to grant bail under Section 483, considering the nature of allegations and ongoing investigation, while imposing conditions to prevent misuse of liberty.
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