ABDHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.483 of BNSS for grant of bail. Applicant has been arrested on 2/12/2025 by Police Station-Khaniyadhana, District- Shivpuri in connection with Crime No.356/2025 for the offence punishable under Ss. 64, 137(2), 87 of the BNS and Sec. 5/6 of the POCSO Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 2/12/2025. It is further submitted that prosecutrix is aged about 17 years and she was at the cusp of majority at the time of incident. Prosecutrix is a married lady and was very well known the present applicant. Statement of prosecutrix has been recorded under Sec. 183 of BNS in which she categorically stated that applicant has not committed intercourse with her. It is the case of consent and prosecutrix was the consenting party. Investigation is over and charge-sheet has already been filed. Applicant does not bear any criminal record. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required.

(3.) He would abide by the terms and conditions as imposed by this Court. Under these grounds, he prayed for bail.