Jitendra vs State Of Madhya Pradesh And Others

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.480/2025 registered at Police Station - Agar, District Agar Malwa (M.P.) for offences under Sections 137(2), 64(1), 64(2)(m), 65(1), 142, 56 of BNS, 2023 and Sections 5L/6 and 17 of the POCSO Act.

According to the prosecution case, the prosecutrix mother on 01/10/2025 has filed an oral report at P.S. Agra that, she has three daughters and a son. The eldest daughter aged about 13 years and studies in class 7th. Yesterday at evening prosecutrix mother, father and all four children after eating dinner slept inside the house. At around 03:00 in the night prosecutrix wakeup, tell her mother to let her to the washroom and after going to washroom they both went back to sleep, at morning around 06:00 they all woke up and see that the prosecutrix was not on her bed and anywhere at home, whose prosecutor's mother, father and other family member searched everywhere near their village but cannot find the prosecutrix, prosecutrix without informing went | somewhere, they suspect that prosecutix might have been lured away by his village's nephew Rameshwar Yadav who is the resident of Baragaon. Based on the complaints oral report a- case was registered at Police Station Agar U/s 137 of IPC and taken for investigation on 04/10/2025 the victim was recovered for the custody of accused Jitendra. In her police statement U/S 164 of Cr.P.C. The victim stated that the accused raped her twice , the accused was arrested based on- victims statement the case was charged under section 137(2),64(1), 64(2)(m), 65(1), 142, 56 of B.N.S. & Section 5L/6, 17 of POSCO Act 2012 of again. On the basis of such allegations, impugned FIR was registered. After completion of investigation and other formalities, charge sheet has been filed.

The applicant is in custody since 04.10.2025. Investigation is complete and chargesheet has already been filed. No further custodial interrogation is required. Present applicant is implicated on the basis that he committed rape with prosecutrix whereas, the fact shows that prosecutrix went the applicant in her own free will and made sexual relationships with the applicant. He has no criminal antecedents. On these grounds, the applicant prayed for grant of bail and he is ready to abide by the conditions while granting bail.

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

Heard learned counsel for the parties and perused the case diary as well as charge sheet.

Considering the aforesaid facts and circumstances of the case and the fact that applicant has been in custody since 04/10/2025, the investigation is complete, and charge sheet has been filed as well as the fact that applicant and prosecutrix were in a consensual relationship and prosecutrix went with the applicant with her own free will and made sexual relationship with him, considering that the applicant has no prior criminal antecedents, this Court is inclined to grant bail to the present applicant, but without commenting on the merits of the case, application is allowed. It is hereby directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial 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;

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

iii. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv. The applicant shall not involve in any criminal activities in future and shall not commit an offence similar to the offence of which he is accused; trial;

v. The applicant will not seek unnecessary adjournments during the

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

Application stands allowed and disposed of.