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Judgment
10 paragraphs · 441 wordsDevnarayan Mishra, J
This is the first application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.363/2025 registered at Police Station-Mandi, District-Sehore (M.P.) for the offences punishable under Section 64(1), 351(3), 332(C) of BNS, 2023 and sections 3/4 of POCSO Act and sections 3(1)(W) (ii) and 3(2) (v) of SC /ST Act. The applicant is in custody since 21.11.2025.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the case. It is also submitted that victim and the applicant were students of same school and DNA report is negative. Age of the prosecutrix is more than 17 years and age of the applicant is 18 years. It is also submitted that no chromosomes were found in the undergarments and vaginal slide of the victim. After investigation, charge sheet has been filed. The applicant is in custody and trial will take time to be concluded. If the applicant is released on bail, he will not repeat the offence, hence, the applicant be released on bail.
Learned counsel for the State has opposed the bail application and submitted that the applicant has forcefully sexually assaulted the victim and if the applicant is released on bail, then, he will influence the trial, hence, the applicant is not entitled to be released on bail.
Heard the parties and perused the case diary.
From the prosecution case, it is clear that the applicant and victim were students of the same school and it is alleged that incident is of 9.11.2025 and applicant entered into the house of the victim and demanded a notebook and after that applicant has established physical relationship with the victim and FIR was lodged on 17.11.2025 and DNA report is negative and looking to the age of both the parties and trial will take time to be concluded, this Court deems it appropriate to enlarge the applicant on bail. Thus, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant shall be released on bail on his furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.
Accordingly, M.Cr.C. stands disposed of.
C.C. as per rules.
