Kamlesh vs State Of Madhya Pradesh And Others

Vinay Saraf, J

This is first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of applicant- Kamlesh S/o Dayaram for grant of regular bail in connection with Crime No.213/2025, registered at Police Station Dhangaon, District Khandwa under sections 137(2), 87, 64(2)(n) of BNS and section 5(L)/6 of POCSO Act.

2 . The allegation against the present applicant is that the applicant abducted the victim and took her from the legal custody of her mother and committed rape. Upon the report of the mother of victim, FIR was lodged against the unknown person on 12.09.2025 and after recovery of the victim, the applicant has been arrested on 01.10.2025.

Learned counsel for the applicant submits that the applicant is a boy of 19 years and victim is aged around 18 years. He further submits that no offence has been committed by the present applicant and the victim has not supported the prosecution case in the statement recorded under section 183 of BNSS. He prays for enlarging the applicant on bail.

4 . Learned counsel for the respondent/State opposed the bail application on the ground that sufficient material is available against the present applicant. In the statement recorded under section 161 of CrPC, the victim has supported the prosecution case and on the basis of statement of victim, the present applicant was implicated in the offence. She further submits that the age of the victim was 17 years and 8 months on the date of the incident and therefore, the consent of the victim is meaningless. She prays for dismissal of the present application.

Considering the fact that the victim has not supported the prosecution case in her statement recorded under section 183 of BNS, the chargesheet has already been filed and the applicant is a boy of 19 years of age, without commenting on the merits of the case, I deem it appropriate to allow the application.

Accordingly, it is directed that the applicant be released on bail upon furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) along with a surety of the like amount to the satisfaction of trial court for his regular appearance before the trial court during trial. The applicant will abide by the conditions enumerated under Section 480(3) of the BNSS, 2023.

Accordingly, M.Cr.C. is allowed.