SUNITABAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) Applicant has filed the first bail application under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Sec. 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 Ss. 137(2), 70(2), 351(3), 64, 64(2)(m), 332(b), 127(3), 142, 87, 49, 96 of BNS and Sec. 5(g), 5(h), 5(I)/6 and 17 of Protection of Children From Sexual Offences Act, 2012 and Sec. 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 18/7/2025.

(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 18/7/2025 and the conclusion of trial will take sufficiently long time. Thus, it is prayed that applicant may be enlarged on bail.