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2025 Supreme(GUJ) 631

HIGH COURT OF GUJARAT
MRM
DIVAN KHIMCHAND BHABHOR – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MS. AYUSHI H VYAS(17442) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

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

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