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Judgment
Achal Kumar Paliwal, J
This is first bail application filed on behalf of the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The applicant is in custody since 27.7.2025 in connection with Crime No.76/2025 registered at P.S.-Noorganj, District-Raisen (M.P.) for the offence punishable under Sections 137(2), 87, 64(2) (m) of BNS and section 5(l)/6 of POCSO Act.
Prosecution story, in brief, is that applicant repeatedly committed penetrative aggravated sexual assault on minor prosecutrix.
Learned counsel for the applicant submitted that applicant is in jail since 27.7.2025. It is also urged that prosecutrix is aged more than 17 years. Prosecutrix had left her house at her own and thereafter, called the applicant. Thereafter, both resided together. It is a case of consensual relationship. No injuries have been found on the person of the prosecutrix. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant be released on bail pending the trial.
On the other hand, learned counsel for the State has opposed grant of bail.
Having taken into consideration all the facts and circumstances of the case, I am inclined to release the applicant on bail. Consequently, first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail 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.15,000/- (Rupees Fifteen 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.
Soft copy of this bail order immediately/forthwith be sent to applicant through concerned Jail Superintendent.
Certified copy as per rules.
