(1.) This is a petition filed by the accused Nos.1 to 3 seeking grant of regular bail in Crime No.139/2024 of Babaleshwar Police Station for the offence punishable under Sec. 103(1) read with Sec. 3(5) of Bharatiya Nyaya Sanhita, 2023(for short, 'BNS').
(2.) Brief facts of the case are, on 15/9/2024 at 10.15 hours Babaleshwar Police received a complaint from one Mamataj Ladsab Nadaf and registered the case in Crime No.139/2024 for the offence punishable under Sec. 103(1) read with Sec. 3(5) of BNS alleging that there was an incident in the year 2020 that her son Modin (in short, 'deceased') had taken a photograph of the accused No.1. In this connection, she had filed a complaint to the police in Crime No.116/2020 and the same is pending before the jurisdictional Court.
(3.) In spite of issuing notice, the State has not filed any objection statement. In spite of intimating the learned State Public Prosecutor about posting of the matter before this Court, there is no representation on behalf of the State. The matter was heard and reserved for orders on 13/11/2024. Till now there is no representation on behalf of the State. Hence, this Court is constrained to pronounce the order.