HIGH COURT OF GUJARAT
MRM
DIVAN KHIMCHAND BHABHOR – 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.62 of 2017 registered with Panchkoshi ‘A’ Division Police Station, District Jamnagar.
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 F.I.R. in question came to be lodged in the year 2017 whereas the the applicant apprehended in the year 2024. The age of the prosecutrix was merely 13 years at the relevant time and after being abducted the prosecutrix was subjected to physical relationship by the present applicant without her consent. 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. Though served, nobody appeared on behal
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 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 limited involvement in the offence and the completion of the investigation, emphasizing the need for strict conditions to prevent interference with the....
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 applicant's stable condition of the victim and the completion of the investigation, emphasizing the need for conditions to prevent tampering and ensure trial atten....
The court granted bail based on the applicant's custody status and the nature of allegations, emphasizing the need for conditions to ensure trial integrity.
The court granted bail based on the applicant's circumstances, emphasizing the need for discretion while imposing conditions to prevent interference with the trial.
The court granted bail based on the applicant's custody duration and the nature of allegations, emphasizing the need for conditions to prevent interference with the investigation.
The court emphasized the need for discretion in granting bail, considering the nature of the offence and the applicant's role, while ensuring conditions to prevent tampering with evidence.
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