Kalu vs State Of Madhya Pradesh And Others

Rajesh Kumar Gupta, J

This is first application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to Crime No.27/2026 registered at Police Station - Shivgarh for the offence under Sections 137(2), 87, 64(2)(m) of BNS, 2023 and also under Sections 5(L)/6, 5J(2)(6) of POCSO Act, 2012. The applicant has been in jail since 27.2.2026.

As per the prosecution story, dated 12.12.2025, the father of the prosecutrix lodged the report and stated that her daughter is missing and, after searching a lot, she could not be found anywhere. On this information police registered missing report under section 137(2) of BNS and during investigation police recovered prosecutrix and on basis of her statement present applicant is implicated under section 137(2), 87, 64(2)(m), of BNS and Section 5(1)/6, 5J(2)/6 of Protection of Children from Sexual Offences 2012 and the police arrested the accused/applicant.

Learned counsel for the applicant argued that the prosecutrix went with the present applicant of her own will and had a sexual relationship with the present applicant. The applicant has been in custody since 27.2.2026. The investigation is over, and the charge sheet has been filed. No custodial interrogation is required. The conclusion of the trial will take a sufficiently long time. There is no possibility of his absconsion and tampering with the prosecution's evidence. Hence, learned counsel for the applicant prayed for the grant of bail to the applicant.

On the other hand, learned counsel for the respondent - State has vehemently 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, and the fact that the proselcutrix was sexual relationship with her own consent with the present applicant, without expressing any opinion on the merits of the case, this application is allowed and it is directed that the applicant be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along 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 with 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 the previous permission of the trial Court/Investigating Officer, as the case may be.

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

Certified copy as per rules.