In granting bail, the court highlighted the importance of balancing the applicant's liberty with the prosecution's case, allowing the bail without determining the merits of the case.

ORDER

Heard with the aid of case diary.

This is repeat second bail application filed under section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail to the applicant, in connection with FIR/Crime No.323/2023, Date:-(Not mentioned) registered at P.S.- Dwarkapuri, District- Indore (M.P.) for commission of offence punishable under sections 363, 366, 376, 376(2)(n) of the IPC and sections 5(L)/6 of the POCSO Act.

2. First bail application of the applicant was dismissed as withdrawn vide order dated 24.08.2024 in MCRC No.31978/2024 with liberty to renew the prayer after examination of prosecutrix and her parents before the trial court.

3. Prosecution story in brief is that, at the time of incident prosecutrix is below 15 years of age. Prior to the incident prosecutrix knew the applicant. There was some there was some quarrel between prosecutrix and her mother therefore, she left her house on 09.05.2023 and she went to Salvas, Gujarat alongwith the NEUTRAL CITATION NO. 2025:MPHC-IND:1107

3. Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. It is submitted that prosecutrix herself left her house and went with the applicant. It is also submitted that prosecutrix was a consenting party for sexual intercourse. It is further submitted that after filing of charge sheet prosecutrix (PW-1) her mother applicant. Both of them lived together for around one year in a hut, meanwhile applicant committed rape upon her repeatedly. On 04.05.2024 when the MCRC-45794-2024

(PW-2) and Dr. Kalpana Amb (PW-3) have been examined before the trial court. However, prosecutrix and her mother have supported the case of the prosecution but as per the statement of Dr. Kalpana Amb (PW-3) no injuries were found on the body arty of the prosecutrix externally or internally. Applicant is in custody since 05.05.2024. After completion of investigation, charge sheet has been filed. Conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.

4. Counsel for the applicant has placed reliance in the case of Siddaruda@Karna Vs. The State of Karnataka judgement dated 22.02.2023 passed in criminal appeal No.295/2021 wherein appellant had been acquitted for the offence punishable under section 376 of the IPC. He has also placed reliance in the case of Rakesh S/o Ambaram Vs. State of M.P. passed by the Coordinate Bench of this Court in M.Cr.C. No.41304/2021 wherein concerning accused was granted bail in similar crime.

5. On the other hand, learned counsel for the non-applicant/State has opposed the prayer of the applicant and submitted that prosecutrix (PW-1) and her mother (PW-2) have fully supported the case of the prosecution in their statement however, counsel for the State fairly submitted that case of the prosecution is not NEUTRAL CITATION NO. 2025:MPHC-IND:1107

6. Having considered the submissions advanced from counsel for the MCRC-45794-2024 parties, also considering the facts and circumstances, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged (PRAKASH CHANDRA GUPTA) JUDGE ajit on bail. Hence, the application is allowed.

7. It is directed that the applicant- PAPPU BHANWAR be released on bail upon his/her furnishing 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 concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of section 480 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023.

8. M.Cr.C. stands disposed of, accordingly.

C.c. as per rules.