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2025 Supreme(GUJ) 938

HIGH COURT OF GUJARAT
MRM
GHANSHYAM DHARMESHBHAI DABGAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MS UNNATI V PAREKH(12781) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

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. 11204026240390 of 2024 registered with Kapadwanj Town 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 appearing on behalf of the respondent-State has opposed the present application, inter alia, contending that the age of the prosecutrix was below 18 years at the relevant time. Moreover, she has narrated the incident, as it happened in her statement recorded under Section 183 of the BNSS. She, therefore, submitted to dismiss the present application.

5. Learned advocate for the original complainant has opposed the present application, inter alia, contending that having regard to the age of prosecutrix and the manner in which the incident had taken place, the present application should be dismissed.

6. I have heard the learned advocates appearing on behalf of the respective parties and p

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