Gaurav Kurmi vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is first application filed by the applicant under Section 483 of BNSS for grant of bail relating to Crime No.61/25 registered at Police Station -Unarsikala, District - Vidisha (M.P.) for the offence under Sections 64(1) of BNS.

Allegation against the present applicant is that he committed rape upon the prosecutrix.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The applicant is under custody since 10.12.2025. Investigation is completed and charge-sheet has already been filed. The prosecutrix, in her statement recorded under Section 183 of the BNSS, has stated that she went to attend the call of nature on the date of incident, at that time, the present applicant came there and committed rape with her. When her father-in-law came, then applicant ran away from the spot. Age of present applicant is 19 years, while the age of prosecutrix is approximately 24 years. She is a married lady. No external or internal injuries were found on the body of the prosecutrix during medical examination. He is having no criminal antecedents. No custodial interrogation is required. Conclusion of the trial will take sufficiently long time. The applicant is permanent resident of District -Vidisha and there is no possibility of his absconsion and tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant.

On the other hand, learned State counsel as well as the counsel for the complainant have opposed the bail application and prayed for its rejection.

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

Considering the facts and circumstances of the case, but 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 in the like amount to the satisfaction of the trial Court/Committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him/her;

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv) The applicant shall not commit an offence similar to the offence of which he/she is accused;

v) The applicant will not seek unnecessary adjournments during the trial; and

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

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.