Rohitbhai Dhanjibhai Rathod v. State of Gujarat
In the High Court of Gujarat
R/Crl. Misc. App. 3177/2023
Before Justice Samir J. Dave
Decided on March 24, 2024

Relevancy of the case: Bail application in a case involving allegations of sexual assault, violation of privacy, identity theft, and recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66E, 67B)
• The Indian Penal Code, 1860 (Section 363, 376, 506)
• The Code of Criminal Procedure, 1973 (Section 439)
• The Protection of Children from Sexual Offence Act, 2012 (Section 3(a), 4, 18)
• The Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Section 3)

Relevant Facts of the Case

• The FIR contains allegations of sexually assaulting a minor from the SC/ST community.
• The applicant has filed this regular bail application before the High Court.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued considering the nature of the offences and the role attributed to the applicant, this is a fit case for the grant of bail.
• The respondent’s counsel submitted that the court should not grant bail, considering the gravity of the offences.

Opinion of the Bench

• Considering the nature of the allegations in the FIR, the bench can use its discretion to allow the bail application.

Final Decision

• The bench accepted the bail application with conditions.

Nandita Karan Yadav, an undergraduate student at the National Law Institute University, Bhopal, prepared this case summary during her internship with The Cyber Blog India in May/June 2024.