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Judgment
10 paragraphs · 401 wordsG. S. Ahluwalia, J
This is first application under section 483 of BNSS, 2023.
Applicant has been arrested on 25/3/2026 in connection with Crime No.165/2026 registered at Police Station Mauganj, District Mauganj (MP) for offence under section 69 of BNS.
It is submitted by counsel for applicant that according to prosecution case, prosecutrix was in love affair with applicant and at about 1 in the night, she went to the applicant where it is alleged that applicant committed rape on her. It is submitted that in fact prosecutrix herself was a consenting party otherwise there was no need for her to join the company of applicant at 1 AM in the night. Trial will take sufficiently long time and there is no possibility of applicant's absconsion or tampering with the prosecution evidence.
Per contra counsel for applicant, as well as, counsel for complainant fairly conceded that prosecutrix is a major aged about 19 years. However, it was contended by counsel for complainant that under a bonafide belief and hope that applicant would marry her, the prosecutrix went to meet him at 1 AM in the night.
Heard, learned counsel for the parties.
The fact that prosecutrix joined the company of applicant at 1 AM in the night clearly indicates that she was a consenting party. Whether promise of marriage was false or not is a disputed question of fact which can be adjudicated by the trial Court, but in view of the conduct of the prosecutrix, one thing is clear that she appears to be a consenting party.
Accordingly, the application for grant of bail is allowed. It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective and the trial Court shall be free to take the applicant in custody.
In the light of the judgment passed by the Supreme Court in the case of XYZ and Others Vs. State of M.P. and Another, reported in (2021) 16 SCC 179 , the intimation regarding grant of bail be sent to the complainant.