Rahul vs State Of Madhya Pradesh And Others

Subodh Abhyankar, J

They are heard. Perused the case diary/challan papers.

This is the first application under Section 483 of BNSS, 2023 / 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.360/2025 registered at Police Station Maheshwar, District Khargone (MP) for offence punishable under Section 137(2), 87, 127(4), 64(2)(i)(m), 65(1) of BNS, 2023 and Section 3, 4(2) and 5(L)/6 of POCSO Act. The applicant is in custody since 02/11/2025.

Allegation against the applicant is of abduction and rape.

Counsel for the applicant has submitted that the prosecutrix has already been examined in the trial Court and has not supported the case of the prosecution, copy of her deposition has also been filed on record. It is further submitted that the applicant is lodged in jail since 02/11/2025 and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out.

Having considered the rival submissions and on perusal of the case diary as also the deposition of the prosecutrix, and taking note of the fact that the age of the prosecutrix is in dispute, the applicant is lodged in jail since 02/11/2025 and final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is 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.

Certified copy as per rules.