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Judgment
Subodh Abhyankar, J
They are heard. Perused the case diary/challan papers.
This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.272/2023 registered at Police Station Suthaliya, District Rajgarh (MP) for offence punishable under Sections 363, 366(A), 376(2)(N) of IPC and Sections 5/6 of POCSO Act. Applicant is in jail since 07/09/2023.
The allegation against the applicant is of abduction and rape.
Counsel has filed the statement of the prosecutrix recorded under Section 164 of Cr.P.C.
On perusal of the same, it is found that she has not supported the case of the prosecution and has stated that she had gone on her own volition with the applicant.
Counsel for the State has opposed the prayer and it is submitted that the age of the prosecutrix was 17 years and 7 months at the time of incident.
Having considered rival submissions, perusal of the case-diary as also the statement of the prosecutrix, this Court is inclined to allow the application.
Accordingly, without commenting on the merits of the case, the application filed by the applicant is 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.
Certified copy as per rules.