Deepak vs State Of Madhya Pradesh And Others

Gajendra Singh, J

1] They are heard and perused the case diary.

2] This is the applicant's second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.384/2025 registered at Police Station Tarana for offence punishable under Sections 137(2), 64(1) and 64(2) (m) of BNS, 2023 and section 3/4 and 5/6 of POCSO Act, 2012. The applicant is in custody since 26.10.2025. His first application M.Cr.C. No.58872 of 2025 was dismissed by this Court on 06.01.2026 as withdrawn with liberty to renew the prayer after evidence of the victim before the trial court.

3] The allegation against the applicant is the present applicant lured the prosecutrix and took her away with him. On such an allegation, P-S. Tarana had registered an F.LR. bearing crime number 384/2025 dated 01/07/2025 u/s 137(2) of BNS.

4] Counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. It is further submitted that the age of the applicant is 23 years and the victim was about to 17 years on the date of incident. It is further submitted that the applicant is lodged in jail since 26.10.2025 and the conclusion of trial is likely to take sufficiently long time. Thus, the application may be allowed.

5] Counsel for the respondent/State, on the other hand, has opposed the prayer, and it is submitted that no case for grant of bail is made out.

6] Having considered the rival submissions, perusal of the documents filed by the applicant on record, and considering the fact that the applicant is lodged in jail since last more than seven months. As per the statement of victim recorded under Section 183 of the BNSS, 2023 it was stated by her that she went alongwith the present applicant and solemnized marriage in a temple at Bhopal. Thus, this Court finds that the further custody of the applicant under the facts and circumstances of the case would not be necessary.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the Trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8] It is also directed that the applicant shall not contact with the victim in any way either physically or through any other mode of social media, failing which this order shall be liable to be cancelled and the trial Court shall be within jurisdiction to cancel the bail granted by this Court without further reference to this Court.

9]. Copy of this order be forwarded to the victim in the light of Aparna Bhat vs. State of MP -AIR 2021 SC 1492 .

10] Accordingly, the application is allowed and disposed of.

C.c. as per rules.