The court granted bail based on the consensual nature of the relationship between the applicant and the prosecutrix, highlighting the importance of considering the circumstances surrounding the case.

ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C., 1973/483 of BNSS, 2023 for grant of regular bail relating to FIR No.100/2025, dated 14.02.2025, registered at Police Station- Bina, District - Sagar (M.P.) for commission of offence punishable under Section 137(2), 87, 64(1), 64(2)(m) of BNS, 2023 and Section 3/4 of POCSO Act.Applicant is in detention since 19.02.2025.

2. As per the prosecution story, on 14.02.2025, 16 years and one month old prosecutrix's mother informed the police about missing of her daughter who had left the home at the pretext of going to sister-in-law's house but when she did not return, information was given to the police. She was recovered on 19.02.2025 almost after 5-6 days.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He is 18 years and one month old young boy while prosecutrix is 16 years and one month old. They were having love relations and out of romantic relationship prosecutrix on her own had gone with him. They both stayed together and consensually established physical relations. It is submitted that it is a case of romantic love relationship between two adolescents and no offence is made out. Learned counsel for the applicant has drawn attention of the court towards the prosecutrix statement recorded under section 183 and 180 of BNSS, 2023. On the aforesaid pretext, it is prayed that applicant may be released on bail.

4. On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant but counsel for the victim has submitted that applicant may be released on bail as they were in love relationship and the girl on her own had gone with him.

5. I have gone through the prosecutrix statement recorded under section 183 and 180 of BNSS, 2023 and other material on record. Therefore, having taken into consideration all the facts and circumstances of the case, but without expressing anything on the merits of the case, I deem it a fit case for grant of bail. Consequently, this bail application under Section 439 of Cr.P.C., 1973/483 of BNSS, 2023 for grant of bail filed on behalf of applicant, stands allowed.

6 It is directed that applicant - Sunil Ahirwar be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a Signature Not Verified Signed by: MANOJ KUMAR condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section Section 437(3) of Cr.P.C., 1973/480(3) of BNSS, 2023.

7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.