Abdhesh vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

The applicant has filed this first bail application u/S.483 of BNSS for grant of bail. Applicant has been arrested on 02.12.2025 by Police Station-Khaniyadhana, District- Shivpuri in connection with Crime No.356/2025 for the offence punishable under Sections 64, 137(2), 87 of the BNS and Section 5/6 of the POCSO Act.

It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 02.12.2025. It is further submitted that prosecutrix is aged about 17 years and she was at the cusp of majority at the time of incident. Prosecutrix is a married lady and was very well known the present applicant. Statement of prosecutrix has been recorded under Section 183 of BNS in which she categorically stated that applicant has not committed intercourse with her. It is the case of consent and prosecutrix was the consenting party. Investigation is over and charge-sheet has already been filed. Applicant does not bear any criminal record. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would abide by the terms and conditions as imposed by this Court. Under these grounds, he prayed for bail.

Learned Panel Lawyer for the respondent/State opposed the prayer and prayed for dismissal of this application.

Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the learned counsel for the parties and looking to the facts and circumstances of the case as well as the fact that it is the matter of consent, but without commenting on the merits of the case, application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

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

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

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

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

The applicant shall not involve in any criminal activities in future and shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

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

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.