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Judgment
7 paragraphs · 366 wordsVinay Saraf, J
Learned counsel appearing for the State submits that the notice of the present application has been served upon the parents of the victim.
This is first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of applicant- Chatar Singh Meena for grant of regular bail in connection with Crime No.182/2025, registered at Police Station Mandideep, District Raisen Under sections 137(2), 87, 64(2)(m), 296 of BNS, 2023 and Section 5L/ 6 of POCSO Act, 2012.
The allegation against the present applicant is that the applicant is taken the prosecutrix from the legal custody of her father and, thereafter committed rape repeatedly. As per the prosecution, the prosecutrix is minor girl below the age of 16 years.
Learned counsel for applicant submits that the present applicant has been falsely implicated in this case. He is custody since 19.05.2025. After the investigation, charge-sheet has already been filed. Prosecutrix has already been examined during trial and she has not supported the prosecution case at all. He further submits that the mother of the prosecutrix as well as father have also been examined and they have not supported the prosecution case. Under these circumstances, he prays for enlarging the applicant on bail. Learned Government Advocate opposed the present application on the ground that sufficient material is available on record. He further submits that earlier, the statement of the prosecutrix was recorded wherein, she levelled the allegation against the present applicant and stated that present applicant made physical relation with her at Bhopal. He further submits that the trial is still pending. He prays for dismissal of application.
Considering the fact that prosecutrix and her parents have already turned hostile. The present applicant is in custody since 19.05.2025. Without commenting on the merits of the case, I deem it proper to allow the application. Accordingly, the applicant be released on bail upon furnishing the personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) along with a surety of the like amount to the satisfaction of trial court for his regular appearance before the trial court during trial. The applicant will abide by the conditions enumerated under Section 480(3) of the BNSS, 2023.
Accordingly, M.Cr.C. is allowed.
