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Judgment
Subodh 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.296/2023 registered at Police Station Dharampuri District- Dhar (MP) for offence punishable under Sections 363, 366-A, 376, 376(2)(N) of the IPC and section 3/4,5(L),6 of POCSO Act. The applicant is in custody since 23.1.2025.
3] The allegation against the applicant is of abduction and rape.
4] Counsel has submitted that the victim/prosecutrix has already been examined, and has not supported the case of the prosecution. Copy of her deposition is also filed. Thus, it is prayed that the application be allowed.
5] Counsel for the State has opposed the prayer.
6] Having considered the rival submissions and on perusal of the case-diary and the statement of the prosecutrix, 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.