1. They are heard. Perused the case diary/challan papers.

2. This is the applicant's first application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (Section 439 of Criminal Procedure Code, 1973), as he is implicated in connection with Crime No.248/25 registered at Police Station Udaygarh, District Alirajpur (MP) for offence punishable under Section Section 137(2), 87, 64(2)(m), 64(2)(f), 65(1) of Bhartiya Nyay Sanhita, 2023 and Section 5(L)/6, 5(J)(ii)/6, 5(N)/6, 3/4(2) of POCSO Act. The applicant is lodged in jail since 27.09.2025

3. Allegation against the applicant is of abduction and rape.

4. Counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated. There is no legal evidence to connect the applicant with the aforementioned offence. The conclusion of trial is likely to take a sufficiently long time and if the applicant is not released on bail he shall suffer in his defence. The investigation is over and charge sheet has been filed. There is inordinate delay in lodging the FIR of 4 months and 16 days. The prosecutrix was a consenting party and she remained in the company of the applicant up to 4 month and 20 days from 7.5.2025 to 27.09.2025 but meanwhile she did not make any hue or cry and she did not make any complaint to anyone. There is love affair between the prosecutrix and applicant and due to pressure of her parents this false case has been registered against applicant. As per X-ray report prosecutrix is aged 17-19 years and there is variation of 2 years and in such circumstances it is presumed that she is a major girl and there is one child of prosecutrix and applicant. Hence, it is submitted that the bail application be allowed and applicant be released on bail.

5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out.

6. Having considered the rival submissions and on perusal of the case diary, this Court finds force in the submissions as advanced by the counsel for the applicant, and further taking note of the fact that the age of the prosecutrix is in dispute, the applicant is lodged in jail since 27.09.2025 and final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

7. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8. M.Cr.C. stands allowed.