Bheekam vs State Of Madhya Pradesh And Others

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 12.05.2025 in connection with crime No.155/2025 registered at Police Station Chachoda District Guna for offence punishable under Sections 137(2) further added section 34(2), 87 of BNS and Section 5L/6 of POCSO Act.

Allegation against the applicant is of kidnapping and committing rape upon the prosecutrix aged more than 17 years.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is argued that the prosecutrix, in her statement recorded under Section 164 Cr.P.C. has not supported the story of prosecution. She is more than 17 years of age and on the verge of attaining majority. In her statement, she has not alleged any allegation of force, inducement or coercion, and the relationship was consensual. Charge-sheet in the matter has been filed and further custodial interrogation of the applicant is no more required. Conclusion of trial will take time. The applicant is a permanent resident of District Guna and there is no likelihood of his absconding or tempering with the prosecution case. With the aforesaid submissions, it is prayed that the benefit of bail be extended to the present applicant.

Learned Public Prosecutor vehemently opposed the application and prayed for its rejection.

Heard counsel for the parties and perused the case diary.

Considering all the facts and circumstances of the case, arguments advanced by both the parties coupled with the fact that the charge-sheet has been filed and 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 commenting on merits of the case, this bail application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before it 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;

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

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

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

Certified copy as per rules.