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Judgment
Sandeep N. Bhatt, J
This is first bail application filed on behalf of applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.330 of 2025 registered at Police Station Adhartal, Jabalpur, District- Jabalpur for the offence punishable under Sections 137(2), 87, 64(1) and 64(2)(M) of the BNS, 2023 and Section 5(L) r/w Section 6 of the POCSO Act. Applicant is in detention since 10.11.2025.
As per prosecution story, applicant enticed away the minor victim. F.I.R was registered.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant and the victim were in a consensual relationship. The victim was more than 17 years of age at the relevant time and had voluntarily accompanied the applicant to Bhopal, where they allegedly solemnized marriage and resided together as husband and wife. Hence, it is argued that no offence is made out against the applicant. He is behind bars since 10.11.2025. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant be released on bail pending the trial.
Learned counsel for the State has opposed the prayer for grant of bail.
Heard the learned counsel for the parties.
The age of the victim is 17 years 8 month. As coming from the FIR, the marriage has also been solemnized in the Bholenath Temple between the applicant and the victim. So also the fact that the counsel for the victim has stated at Bar that the victim is also present in the Court and she has no objection on the bail application, though the matter pertains to POCSO Act, but considering the fact that the applicant is behind the bar since 10.11.2025 and considering the subsequent development, matter requires consideration, therefore, I am inclined to release the applicant on bail. Consequently, first bail application filed on behalf of applicant, stands allowed.
It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
M.Cr.C. stands allowed and disposed off.
Certified copy as per rules.