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Judgment
11 paragraphs · 383 wordsSubodh Abhyankar, J
1] They are heard and perused the case diary.
2] This is the applicant's first 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.98/2025 registered at Police Station Dahi District- Dhar (MP) for offence punishable under Section 137(2),64(2),65(1),142 232(1) and 49 of BNS and section 5L,17 read with section 18 of the POCSO Act. The applicant is in custody since 07.08.2025.
3] The allegation against the applicant is of his involvement in the aforesaid case of rape whereas the main allegation is against co-accused Suresh.
4] Counsel for the applicant has submitted that the applicant has been falsely implicated in the case and it is alleged that the main accused Suresh had taken the prosecutrix to his house and thereafter the applicant accompanied them on a motor cycle to the main accused uncle's home.
5] Counsel for the applicant has submitted that admittedly there is no allegation of rape against the applicant and there is no overt act has also been attributed to him and that the applicant is lodged in jail since 07.08.2025. It is also submitted that there are no criminal antecedents against the applicant and the final conclusion of trial is likely to take sufficient long time. Thus, it is prayed that the application be allowed.
5] Counsel for the State has opposed the prayer.
6] On due consideration of submissions and on perusal of the case-diary including the statement of the prosecutrix recorded under section 183 of the BNSS, this Court is inclined to allow the present application.
7] 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.
8] Accordingly, the application is allowed and disposed of.
C.c. as per rules.
