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.

ORDER :

This first application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the applicant for grant of bail relating to Crime No.376/2024 registered at Police Station- Thana Ghansaur, District- Seoni, for the offence under Sections 137 (2), 64, 64(2) (m), 238(b), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 , 4, 5(1), 6 of the Protection of Children from Sexual Offences Act, 2012.

2. Learned counsel for the applicant submits that the applicant is in jail since 16.12.2024. He submits that at the time of marriage or the alleged offence, the prosecutrix was minor, although she and the present applicant both have entered into marriage. He submits that in the statements recorded under Section 164 of Cr.P.C., the prosecutrix has disclosed that the applicant has not committed any forceful act with her and whatever has been done, it was with her consent and wish, therefore, no case is made-out against the applicant. Upon these submissions, it is prayed that the applicant be released on bail.

3. Per contra, learned counsel for the State opposes the submissions made by learned counsel for the applicant.

4. Considering the facts and circumstances of the case, perusal of casediary and also the facts that this is a regular bail application, the applicant is an under trial accused and now the prosecutrix has attained majority and is the wife of present applicant, I am inclined to consider this bail application, therefore, without commenting anything on the merits of the case, the bail application is allowed.

5. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

6. On being released on bail, the applicant shall abide by the conditions enumerated in Section 480 (3) of the Bharatiya Nagrik Suraksha Sanhita, 2023.