R/CR.MA/13821/2025 ORDER DATED: 17/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 13821 of 2025 ========================================================== JAY PRAKASH RAM @ JAIPRAKASH RAM S/O RAMDEV RAM @ RAMDEV RAM JATAV Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JAYDEVSINH CHUDASAMA(13128) for the Applicant(s) No. 1 MR PREM D DAVE(10958) for the Applicant(s) No. 1 MS DIVYANGNA JHALA, APP for the Respondent No.1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 17/07/2025 ORAL ORDER 1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11203068230570 of 2023 registered with Vanthali Police Station, District:Junagadh for the offences punishable under Sections 363, 366, 376(2)(J)(N), 376(3) of IPC and Section 6, 8, 12 of POCSO Act. 2. Heard learned advocate Mr.Prem Dave appearing for the applicant and learned Additional Public Prosecutor Ms.Divyangna Jhala for the Respondent – State. 3. Learned advocate for the applicant submitted that in the present offence, investigation is over and charge-sheet has been filed. Learned advocate for the applicant submitted that the present applicant has been falsely implicated in the present applicant. The present applicant has been arrested in connection R/CR.MA/13821/2025 ORDER DATED: 17/07/2025 with the present offence in the month of December, 2023 and since then the applicant is in custody. Learned advocate for the applicant further submitted that there was love affair between the present applicant and the prosecutrix and because of the same the prosecutrix had accompanied the present applicant on her own volition. However, no physical relations were established between the two therefore the offence alleged against the present applicant in the FIR is not made out. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions. 4. The application is opposed by learned APP for the respondent contending that the age of the prosecutrix was merely 12 years and the age of the present applicant was 24 years at the time of incident. The statement of the prosecutrix as well as her history given before the Doctor it is categorically mentioned by her that the physical relations were established by the two without her consent. She therefore submitted to dismiss the present application. 5. This Court has considered the submissions canvassed by learned advocates for the parties and has also perused the material placed on record. This court had gone through the material placed on record, so also the medical case papers of the prosecutrix, wherein, upon perusal of the same, it appears that in the history given by the prosecutrix before the Doctor she has categorically stated that the present applicant had established physical relations with her without her consent. Moreover, in the statement given by the prosecutrix recorded before the R/CR.MA/13821/2025 ORDER DATED: 17/07/2025 investigating officer as well as the statement recorded under Section 183 of BNSS, it has been mentioned stated that the physical relations were established between the two without her consent. 6. Considering all these aspects, no case is made out to exercise discretion in favour of the applicant. The present Application is dismissed. (M. R. MENGDEY,J) Manshi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMIN MANSI(HC01561), Private Secretary, at High Court of Gujarat on 17/07/2025 15:05:07