Kamlesh Bhai @ Kamesh @ Komlesh vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard. Perused the case diary/challan papers.

2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023/ 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.26/2026 registered at Police Station Kakanwani, District Jhabua (MP) for offence punishable under Section 137(2), 87, 64(2)(m), 65(1) of the Bharatiya Nyaya Sanhita, 2023 and section 5L/6 of POCSO Act. The applicant is in custody since 3.03.2026.

3] Allegation against the applicant is of abduction and rape.

4] Counsel for the applicant has submitted that the age of the prosecutrix is disputed and she was a consenting party, as she has resided with the applicant for around one and half months, and also travelled with the applicant in public transport. It is further submitted that the applicant is lodged in jail since 3.3.2026 and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

5] Counsel for the respondent/State, on the other hand has opposed the prayer.

6] Having considered the rival submissions, perusal of the case diary as also the documents filed on record, and considering the fact that the final conclusion of the trial is likely to take sufficient long time and that the age of the prosecutrix is disputed and she resided with the applicant for around one and half months in the considered opinion of this Court, the applicant's application deserves to be allowed.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is 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] M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.