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2024 Supreme(Online)(GUJ) 21685

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MANISHBHAI MAHIPATBHAI NANAPARA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR K B MAGHNANI(9673) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORAL ORDER

[1.0] RULE. Learned APP and learned counsel for respondent No.2 waive service of rule for the respondent-State.

[2.0] The present application is filed under Section 439 of Cr.P.C. for regular bail in connection with FIR being C.R. No.11190001240159 of 2024 registered with Barvala Police Station, Botad, for the offences punishable under Section 363, 366, 376(2)(J), 376(2)(N), 376(3) and 114 of the Indian Penal Code, 1860 and Sections 6, 11(6), 12 and 17 of the POCSO Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that it is a case of love affair. The applicant and victim were in love relationship and parents of victim were going to perform marriage of the victim with someone and therefore, the victim on her own volition left the parental house and eloped with the applicant. The applicant has not committed any offence as alleged in the FIR. Age of the victim is not correctly mentioned as there is ambiguity in age of the victim girl. Even victim herself has executed deed of live-in relationship before Notary on 07.05.2024 prior to her elopement. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular b

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