HIGH COURT OF GUJARAT
MRM
DHARMSHI @ LALO TARSHI KOLI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M.R. MENGDEY, J.)
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11993017240196 of 2024 registered with Gagodar Police Station, District Katchh (East) Gandhidham.
3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP appearing for the respondent State has vehemently submitted that the age of the prosecutrix was below 18 years at the relevant time. Therefore, her consent would be immaterial. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.
5. On 12th February, 2025, pursuant to the service of notice, the original complainant was present before the Court and had prayed for some time to engage an advocate through the High Court Legal Services Committee and thereaft
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 circumstances, emphasizing the need for conditions to prevent tampering with evidence and ensure compliance during trial.
The court granted bail considering the nature of allegations, the applicant's relationship with the victim, and the absence of flight risk, emphasizing the need for conditions to ensure compliance.
The court granted bail based on the prosecutrix's consent and lack of evidence suggesting flight risk or witness tampering.
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 under Section 483, emphasizing the importance of conditions to prevent misuse of liberty in cases involving minors.
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 considering the amicable settlement between parties and the prosecutrix's consent, despite her age, while imposing strict conditions to ensure compliance and prevent tampering.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.