JUDGMENT Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 17.11.2022 in connection with Crime No.967/2022, registered at Police Station Dhamnod, District- Dhar (M.P.) for commission of offence punishable under Sections 363, 376(1) of IPC and section 3/4, of POCSO Act, 2012. 2. Prosecution story in brief is that on 16.11.2022 at about 14:00 to 15:00 hours applicant abducted minor prosecutrix aged about 17 years and 4 months and took her near water tank on his motor cycle and thereafter committed rape upon her. Accordingly, case has been registered. 3. Learned counsel for the applicant submits that prosecutrix was minor at the time of incident. She voluntarily went with the applicant and when her brother saw her along with the applicant she lodged the report against the applicant. He further submits that prosecutrix statement recorded during investigation are inconsistent with her own FIR. FIR is delayed by 7 hours without any reasonable cause. Nothing material has been produced on record with regard to the age of the prosecutrix. The all prosecution case is apparently false. The conclusion of trial will take considerable long time, therefore, he may be enlarged on bail. 4. Learned counsel for the respondent/State has opposed the bail application and submits that prosecutrix was minor at the time of incidence and the allegations leveled against the applicant is of serious in nature hence he is not entitled for grant of bail. 5. I have considered the rival submissions, material pointed out by the learned counsel for the applicant, statement of the prosecutrix recorded during the investigation, her MLC report and material produced on record with regard to her age and also considering over all material produced on record, this Court is of the considered view that the applicant deserves to be enlarged on bail, hence without commenting anything on the merits of the case, this application is allowed. 6.
6. It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C. 7. This M.Cr.C. stands allowed and disposed of. C.C. as per rules.