Aakash Ahirwar vs State Of Madhya Pradesh And Others

Rajesh Kumar Gupta, J

This is the first application filed by the applicant under Section 483 of B.N.S.S. for grant of bail. The applicant has been arrested in connection with Crime No.99/2026 registered at Police Station - Kurwai District - Vidisha (M.P.) for the offence under Sections 137(2) BNS add section 65(1), 64(2) (M) BNS and Section 5/6 of POCSO Act 2012.

As per prosecution story, it is the allegation against the applicant that applicant committed rape on prosecutrix.

Learned counsel for applicant submitted that applicant is innocent and has been falsely implicated. He is in custody since 9.3.2026. Investigation is almost complete and charge sheet is likely to be filed. There is no requirement of further custodial interrogation of applicant. Trial is likely to take long time to conclude. Applicant has no criminal antecedents.

It is further submitted that the statement of the prosecutrix under Section 183 of BNSS has been recorded wherein she stated that no offence was committed against her by anyone. Applicant is the permanent resident of District - Vidisha (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence, if released on bail.

On the other hand, learned State counsel vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary.

Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him/her;

ii) The applicant will cooperate in the investigation /trial, as the case may be;

iii) The applicant will not indulge himself /herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such acts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not commit any other offence or will not repeat the offence in future. In case offence of same nature is repeated, this bail order shall automatically stand cancelled;

v) The applicant will not seek unnecessary adjournments during the trial; and

vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.