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2025 Supreme(GUJ) 681

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SALIM BABUBHAI SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR. KISHAN H DAIYA(6929) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

RULE. Learned APP and learned advocate for the original complainant waive service of notice of Rule for and on behalf of the respondent Nos.1 and 2 respectively.

1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11210025243787 of 2024 registered with Limbayat Police Station, District Surat for the offences punishable under Sections 376, 376(2)(N), 376(2)(J), 376(3), 342, 323, 114 and 506(2) of the Indian Penal Code, 1860 and sections 3(a), 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act (for short “POCSO Act”).

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is not named in the FIR. Whatever allegation of sexual assault made by the complainant is against accused No.1, who happens to be the nephew of the present applicant and as marriage of accused No.1 and victim was not solemnized and not accepted by the present applicant being uncle of accused No.1, present applicant is implicated in the of

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