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.

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 married with the applicant and no forceful act has been committed by the applicant with her. The age of the prosecutrix is also disputed by the applicant, therefore, being an under trial accused, he should be granted bail.

3. On the other hand, the counsel for the State has opposed the prayer of bail on the ground that the DNA report is positive.

4. Considering the arguments advanced by learned counsel for the parties and on perusal of case diary, especially the statement of the prosecutrix, I am inclined to allow this bail application. Therefore, without commenting anything on the merits of the case, the application is allowed.

5. It is directed that the applicant shall be released on bail upon his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

6. On being released on bail, the applicant shall abide by the conditions enumerated in Section 480 (3) of BNSS .

7. It is also directed that after release from jail, the applicant will neither try to contact the prosecutrix nor try to influence any of the witnesses of the case. If such an incident is reported then the bail granted to the applicant shall be cancelled.