Ankush And Others vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 8.9.2025 by Police Station- Gohad, District Bhind in connection with Crime No.150/2025, registered in relation to the offence punishable under Section 137(2), 64 of B.N.S. and section 3/4 POCSO Act.

As per the case of the prosecution, the allegation against the present applicant is that he committed rape upon the prosecutrix. On the basis of such allegation, the above crime was registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. He further submitted that the prosecutrix in her first statement under section 164 of Cr.P.C. has not stated anything against the petitioner and thereafter again a second statement under section 164 of Cr.P.C. of the prosecutrix was recorded, in which she has stated against the petitioner. Learned counsel further submitted that there is no DNA match, the applicant is the first offender and he has no criminal past. Trial will take time for its conclusion. The applicant is permanent resident of District Bhind and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Considering the overall facts and circumstances of the case, nature of allegations and looking to the 164 statements of the prosecutrix as she in first statement under section 164 of Cr.P.C has not stated anything against the petitioner and thereafter in second statement under section 164 of Cr.P.C. she has stated against the petitioner and the fact that DNA sample has not matched, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, 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) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned 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 him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.