ORDER

This is first application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant, relating to FIR/Crime No.874/2023 dated (not mentioned) registered at P.S. Aerodrome, Indore (M.P.) for commission of offence punishable under Sections 363, 366, 376(3) of IPC and section 3/4(1) of POCSO Act.

2. As per prosecution case, it is alleged that prosecutrix had gone along with the applicant. A missing report was lodged. It is alleged that prosecutrix made physical relationship with the applicant. The prosecutrix was minor, therefore, the offences have been registered.

3. Counsel for applicant submits that statement of prosecutrix has been recorded in the court and she has not supported the prosecution case. Her mother has also not supported the prosecution case.

4. Counsel for the State opposed the prayer for grant of bail and submits that as per date of birth, on the date of incident the prosecutrix was minor and DNA report is awaited.

5. Counsel for the complainant submits that complainant has no objection if the bail is granted to applicant.

6. After hearing learned counsel for parties and taking into consideration the statement of prosecutrix and submission of counsel for complainant that complainant has no objection if the bail is granted to applicant, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

6. It is directed that Applicant- Boss @ Vishal shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

C.c. as per rules. (VIJAY KUMAR SHUKLA) JUDGE MK Signature Not Verified Signed by: MUKTA KOUSHAL Signing time: 5/29/2024 5:21:51 PM