Balkishan vs State Of Madhya Pradesh And Others

Pramod Kumar Agrawal, J

This is the first application under Section 483 of BNSS for grant of regular bail in connection with Crime No.280/2025 registered at Police Station - Chand, District - Chhindwara (M.P.) for offence punishable under Sections 137(2), 96, 142, 64(2)(m) of BNS and Section 5L, 6, 17 of POCSO Act. The applicant is in custody since 01.07.2025.

As per the prosecution story, the allegation against the present applicant is that he committed rape upon the minor prosecutrix. On the basis of which, offence was registered against the present applicant under the aforesaid sections.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. It is submitted that prosecutrix herself went with the applicant on her own will. There is no criminal record of the applicant. He is in custody since 01.07.2025. Co-accused Vikas and Angad have have been enlarged on bail by the Co-ordinate Bench of this Court. Charge-sheet has been filed and the conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.

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

Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, application under Section 483 of BNSS for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of BNSS.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.