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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Devi Sing – Appellant
Versus
State Of Madhya Pradesh – Respondent
Order :
This is the first application filed on behalf of the applicant under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) for grant of regular bail relating to FIR/Crime No.293/2024 registered at Police Station Kindrai, District Seoni, for the offence punishable under Sections 137 (2), 127(2), 64, 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 , 4, 5(1) and 6 of the Protection of Children from Sexual Offences Act, 2012. The applicant is in jail since 12.12.2024.
2. Learned counsel for the applicant has submitted that though the age of prosecutrix is shown by the prosecution below 18 years, but according to him, she was above 18 years and as per the statement of 164, she has not alleged anything against the applicant that he has forcefully committed any act with her. On the contrary, it has been stated that she was in affair with the applicant and since her parents were not accepting their relationship, therefore, on their pressure, this complaint has been made. Though, she has accepted that physical relations developed between them but as per the applicant, at this stage, the prosecutrix has very categorically stated that she was willing to get marrie
The court granted bail based on the prosecutrix's willingness and denial of forceful conduct, indicating that bail may be justified under disputed circumstances regarding consent.
The court granted bail based on the prosecutrix's consent and current status as the applicant's spouse, despite initial charges arising from her minority at the time of the alleged offence.
The court may grant bail under Section 439 of the Code of Criminal Procedure considering the nature of allegations, duration of custody, and circumstances surrounding the case.
The court denied bail based on the gravity of the allegations concerning sexual offenses against a minor, highlighting the seriousness of the crime.
The court granted bail based on the applicant's compliance with conditions and the nature of the allegations, emphasizing the importance of the relationship history and the status of the investigatio....
The court determined that continued detention of the applicant was unnecessary due to lack of evidence and no criminal history, allowing bail with conditions.
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