Rahul vs State Of Madhya Pradesh And Others

Subodh Abhyankar, J

1] They are heard and perused the case diary.

2] This is the applicant's second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.179/2025 registered at Police Station Sunera , District- Shahjapur (MP) for offence punishable under Sections 65/127(2)/351(3)/115(2)/34(2)(M) of the Bharatiya Nyaya Sanhita, 2023 and section 3/5(L)/4/6 of the POCSO Act. The applicant is in custody since 11.9.2025. His first temporary bail application was allowed by this Court vide order dated 28.11.2025 passed in MCRC 55075/2025 on account of death of his father.

3] The allegation against the applicant is of rape.

4] Counsel for the applicant has submitted that it is a case of consent trial will take sufficiently long time. Thus, it is prayed that the application be allowed.

5] Counsel for the objector submits that he has no objection if the bail application is allowed.

6] Counsel for the State has opposed the prayer.

7] On due consideration of submissions and on perusal of the case-diary as also the statement of the prosecutrix, this Court is inclined to allow the present application.

8] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

9] Accordingly, the application is allowed and disposed of.