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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Devi Sing – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. application for bail under relevant offenses. (Para 1) |
| 2. defense arguments about prosecutrix's consent. (Para 2) |
| 3. state's opposition based on dna evidence. (Para 3) |
| 4. court's decision to grant bail. (Para 4) |
| 5. conditions for bail and conduct after release. (Para 5 , 6 , 7) |
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
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.
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