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Judgment
Sandeep N. Bhatt, J
This is second application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to FIR No.564/2025 registered at Police Station Hanumantal District Jabalpur (M.P.) for commission of offence punishable under Sections 137(2),64(2)(M), 351(2) of BNS, 2023 and sections 5L, 6,16 & 17 of the POCSO Act, 2012. Applicant is in detention since 03.08.2025.
As per the prosecution story, father of the prosecutrix lodged a report alleging that some unknown person has lured his minor daughter. F.I.R was registered. After investigation, charge sheet has been filed.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is submitted that the allegation against the applicant is that he gave shelter to victim as well as main accused knowing fully well that she is below 18 years of age. There is no other allegation levelled against him either forcible or any sexual act on the part of the applicant. He is behind bar since 03.08.2025. In the deposition given by the victim before the trial court, she has specifically denied regarding any knowledge about present applicant or any meeting with the present applicant. He has no criminal antecedents. Charge sheet has already been filed. Conclusion of the trial will take considerable time. Therefore, it is prayed that applicant may be released on bail.
On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant saying that applicant has also played active role by giving shelter to the accused and victim who is below 18 years of age and prayed for rejection of bail.
Considering the role played by the applicant which is limited to giving shelter to the victim as well as main accused for three days and no other overt act is attributed to the present applicant, the matter requires consideration, therefore, without expressing any opinion on the merits of the case, I deem it a fit case for grant of bail. Consequently, this bail application under Section 483 of BNSS, 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.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 BNSS.
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.
Certified copy as per rules.