The court granted bail based on the overall circumstances, emphasizing the need for careful consideration of the nature of the offence and the applicant's situation.

ORDER

1/ This first application has been filed by applicant under Section 439 of Cr.P.C, 1973 / section 483 of BNSS , 2023 for grant of bail in connection with FIR at Crime No.623/2024 registered at Police Station - Vijay Nagar, Indore(M.P.) for offence punishable under Sections 137(2) , 64 , 64(2) (M) , 87 of BNS, 2023 and Sections 5(L)/6 of POCSO Act. The applicant is in custody since 15.09.2024.

2/ As per the case of prosecution, father of the victim reported to police station - Vijay Nagar, Indore Urban, District Indore (M.P.) that his daughter aged around seventeen years is missing since afternoon of 03.09.2024. He suspects that some unknown person has enticed and taken his daughter. On such allegations, FIR at Crime No.623 of 2024 was registered at Police Station - Vijay Nagar, Indore Urban, District - Indore (M.P.) forn Signature Not Verified Signed by: PREETHA HARI offence punishable under Section 137(2) of BNS. During investigation, the victim was recovered from the possession of Pawan (applicant) at Patel Nagar, Pithampur on 15.09.2024. In her statement recorded under Section 137(2) of BNS, the victim stated that she had an affair with Pawan. They desire to marry each other, but her parents objected to their relations. On 04.09.2024, she went to meet Pawan. Pawan proposed to marry her. Pawan threatened to commit suicide if she does not go with him, therefore, she went with Pawan to the house of his sister Aruna Kulkarni at Patel Nagar, Pithampur. They stayed there. Pawan had physical relations with her against her will. On 15.09.2024, her family members came to the house of Aruna Kulkarni and brought her back. However, in her statement recorded under Section 183 of BNSS , the victim stated that she went to meet Pawan at Pithra Parwat. They got late. Pawan proposed to take her to his sister's house as her family members may take objection on her returning late. Pawan had physical relations with her against her will. On such allegations, prosecution for offence punishable under Sections 64 , 64(2) (M) & 87 of BNS and Section Section 5(L)/6 of POCSO Act was added. Applicant Pawan was arrested on 15.09.2024 and he is in custody even since. Relevant seizures have been made. Medico-legal examination of victim was conducted.

Investigation is underway.

3/ Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in this matter under pressure of family members of the victim. It is a case of teenage friendship between two young persons. No offence as Signature Not Verified Signed by: PREETHA HARI

alleged is committed by the applicant. Victim had left her parental home at her own and came to meet the applicant. Victim had stated that she had already attained majority. The applicant and victim were not aware of the consequence of their act and conduct. Learned counsel further submits that the applicant aged around 20 years and is labourer/driver by profession. There is no likelihood of absconsion leaving his family and home. No criminal antecedent is reported against the applicant. Further custodial interrogation of the applicant is not needed in the matter. There is no likelihood of tampering with evidence by applicant as both the parties relates to similar socio-economic status. Investigation is almost complete. The trial would take time to complete. On these grounds, learned counsel prays that the applicant may be extended the benefit of bail.

4/ Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel referring to the statement of the victim contends that Pawan has enticed and taken the victim and committed sexual assault on her. Therefore, considering the minority of the victim, applicant may not be extended benefit of bail.

5/ Heard learned counsel for the parties and perused the case diary.

6/ Considering the arguments advanced by both the parties and overall circumstances