AI Structured Summary
Not yet generated for this judgment
Judgment
Pavan Kumar Dwivedi, J
Heard with the aid of case diary.
(2) Applicant has filed the first bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.273/2025 registered at Police Station - Shujalpur Mandi, District - Shajapur (MP) for the offence punishable under Sections 137(2), 70(2), 351(3), 64, 64(2)(m), 332(b), 127(3), 142, 87, 49, 96 of BNS and Section 5(g), 5(h), 5(I)/6 and 17 of Protection of Children From Sexual Offences Act, 2012 and Section 3(2)(va), 3(1)(w)(i), 3(2)(v), 3(1)(w)(ii) of The SC/ST(PA) Act, 1989. The applicant is behind the bars since 18.07.2025.
(3) Counsel for the applicant submits that the only allegation against the present applicant is that she has given shelter to the accused and prosecutrix for one day. She is the mother of Durgesh and is one of the accused. He further submits that she has given the consent which clearly reveals from the court statement given by the prosecutrix herself before the trial court. He submits that investigation is complete and chargesheet has been filed in the matte and apart from staying for one day in the home of the applicant, no other allegation is leveled against her. Even the statement of prosecutrix would show that the mother of Durgesh herself had left her to the house of Mayank and the statement of prosecutrix further shows that infact that she had gone to the house on her own volition. It is the clear case of consent that prosecutrix went to the house of Durgesh on her own. The applicant is behind the bars since 18.07.2025 and the conclusion of trial will take sufficiently long time. Thus, it is prayed that applicant may be enlarged on bail.
(4) Per contra, counsel for the non-applicant/State has opposed the bail application on the ground that there are clear allegations by the prosecutris against the present applicant that she is the mother of one of the accused Durgesh and for one day, the prosecutrix had remained in the house. Thus, prays for the rejection of the bail application.
(5) Having considered the rival submissions and on perusal of the case-diary and the fact that the role of the applicant in the incident is very limited that prosecutrix had stayed for one day in her house and considering other facts and circumstances of the case, this Court is inclined to allow the present application.
(6) Accordingly, without commenting anything 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.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for her regular appearance before the trial Court with a condition that she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of the Criminal Procedure Code, 1973.
(7) Accordingly, the bail application is allowed and disposed of, in aforesaid terms. Certified copy, as per Rules.