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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Jitendra Jhariya @ Jittu – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. application for bail in criminal case (Para 1) |
| 2. arguments regarding applicant's bail plea (Para 2 , 3) |
| 3. court's considerations for granting bail (Para 4) |
| 4. conditions for bail granted (Para 5 , 6) |
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 applican
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 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 determined that continued detention of the applicant was unnecessary due to lack of evidence and no criminal history, allowing bail with conditions.
The court granted bail considering the applicant's detention period and the completion of investigation despite the seriousness of the charges.
Court grants bail noting that further detention is unnecessary, requiring compliance with specified conditions.
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