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2025 Supreme(Online)(MP) 1286

HIGH COURT OF MADHYA PRADESH
DINESH KUMAR PALIWAL, J
Sunil Ahirwar – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Ajay Kumar Jain,Advocate General

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

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