Bhima Sonwani vs State Of Madhya Pradesh And Others

Pramod Kumar Agrawal, J

This is the first application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail relating to Crime No.15/2025 registered at Police Station - Malajkhand, District Balaghat (M.P.) for the offence punishable under Sections 137(2), 64(2)(m), 65(1), 3(5), 49, 351(3) of B.N.S., Section 5(l)/6, 3/4(2), 16(3)/17 of POCSO Act and Section 3(1)(w)(i) & 3(2)(v) of S.C. & S.T. (Prevention of Atrocities) Act. The applicant has been arrested on 31.08.2025.

As per the prosecution story, it is alleged that applicant has abducted and committed rape with minor prosecutrix. Therefore, the offence has been registered against the present applicant under the aforesaid section.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in custody since 31.08.2025. It is submitted that the statements of prosecutrix and her parents have been recorded before the Trial Court in which they have not alleged regarding sexual assault. D.N.A. report is negative. Charge sheet has been filed. 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 State has opposed the grant of bail to the applicant and has submitted that the prosecutrix and her parents have been recorded in which the prosecutrix has stated that the applicant took her from her house. The age of applicant is 42 years whereas the age of prosecutrix is 16 years. D.N.A. is also positive. At this stage, minute appreciation of evidence cannot be done. Hence, the applicant does not deserve grant of bail.

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

Looking to the overall facts and circumstance of the case as well as age of prosecutrix, I am not inclined to grant bail to the applicant.

Accordingly, present MCRC filed on behalf of applicant, stands dismissed.