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Generally, in a misdemeanor case, a statement by the victim of an act committed by the accused against the will of the accused is not bailable. But the Sessions Court, while ruling in a rare case, today granted bail to the accused under the POCSO Act in the rape of a minor.
Accused Ravi Sitapara, 21, a resident of Surendra Nagar, and Sagira, a 16-year-old resident of Vasana, Ahmedabad, came in contact with each other through Instagram. After that, friendship developed between the two. The accused and the minor used to meet at Riverfront where the accused used to repeatedly physically assault the minor. On 06 June 2023 the accused came to Ahmedabad from Surendranagar and met Sagira and said that he wanted to marry her but Sagira said that I am young so that my father will not believe, so forget this. After that, the accused took the minor to Kutch and repeatedly had physical relations with him.
In this regard, the minor’s father filed a complaint of abduction at the Vasana police station. After that, both the boy and the minor appeared at Vasana Police Station under police pressure. Where taking the statement of the minor, it has been stated that the accused has physically assaulted and raped the minor. So, apart from kidnapping, the police added Section 376 of IPC and sections of POCSO Act. Also the accused was sent to Sabarmati Jail.
The accused’s bail application was filed at the Ahmedabad Sessions Court by Advocate Prashant Chavda. In the hearing of which, the petitioner’s lawyer cited a judgment of the Meghalaya High Court in June of the current year. It was said that at the age of 16, a girl can understand her good nature. Also, the counsel for the petitioner argued medical jurisprudence. There was a love affair between the petitioner and the minor. Also, the victim told the applicant that he was 19 years old. The public prosecutor and the original complainant were present and strongly objected to the grant of bail.
The Sessions Court granted bail to the accused on a bond of Rs 15,000. Also, the court ordered the accused not to leave India without the permission of the court, to deposit the passport in the court within 07 days, to be present in the court proceedings and not to put pressure on the parties. He also asked the police to give his residential address.
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