MAHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the applicant under Sec. 483 of BNSS, 2023 for grant of regular bail relating to Crime No.72 of 2025 registered at Police Station - Balwada, District - Khargone (MP) for the offence under Ss. 137(2), 64(2) 64(2)(m), 65(1) of BNS, 2023 and also under Ss. 3, 4, 5(L) and 6 of POCSO Act, 2012. The applicant is in jail since 28/6/2025.

(2.) Allegation against the present applicant is that he abducted and committed rape upon the prosecutrix.

(3.) Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The applicant is under custody since 28/6/2025. The investigation is over and charge sheet has been filed. The prosecutrix in her statements recorded under Sec. 183 of the BNSS, 2023 stated that she went with present applicant on her own free will. The present applicant made sexual relations with the prosecutrix with her consent. At the most, this is the case of consensual relationship between two persons. There is no previous criminal antecedents. No custodial interrogation is required. The conclusion of the trial will take sufficiently long time. The applicant is permanent resident of District - Khargone (M.P) and there is no possibility of his absconsion and tampering with the prosecution evidence. Hence, learned counsel for the applicant prayed for grant of bail to the applicant.