Single Judge allowed bail in a rape FIR where allegations suggested a consensual relationship. Applicant granted release on Rs. 10,000 bond with surety subject to standard conditions including attendance and not leaving India.
Applicant released on bail on executing a bond of Rs. 10,000 with one surety of like amount subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/9078/2021 ORDER DATED: 10/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9078 of 2021
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MAYUR @ BHURO VINODBHAI SHIPARIYA
Versus
STATE OF GUJARAT
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Appearance:
MR VH KANARA(1881) for the Applicant(s) No. 1 SHIVANGI D VYAS(10117) for the Applicant(s) No. 1 MR MANAN MEHTA APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 10/08/2021
ORAL ORDER
This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.11202002210511 of 2021 with City C- Division Police Station, Jamnagar for the offences punishable under Sections 323, 354A, 354D(1)(2), 376(1), 376(2)(n), 504 and 506(2) of IPC and under Section 135 of GP Act.
(i) Charge sheet is filed. (ii) It appears that the alleged offence of rape took place during the period from 01/01/2020 to 14/03/2021 for which FIR is registered on
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R/CR.MA/9078/2021 ORDER DATED: 10/08/2021
26/03/2021. On careful reading of the allegations made in the FIR, it appears that there were consensual relationship between the applicant and victim and therefore, present application deserves consideration.
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R/CR.MA/9078/2021 ORDER DATED: 10/08/2021
(S.H.VORA, J)
sompura
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2 issues framed by the court
Whether bail should be granted to the appellant in a rape FIR with a history of consensual relationship allegations.
Whether suitable conditions can be imposed for releasing the applicant on bail pending investigation and trial.
3 provisions across 3 enactments
MAYUR @ BHURO VINODBHAI SHIPARIYA
STATE OF GUJARAT
S.H. VORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
