Kanha vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 25.9.2025 by Police Station-Chachoda, District Guna in connection with Crime No.341/2025, registered in relation to the offence punishable under Section 137(2), 64 (2), 96 of B.N.S. and section 5L/6 of POCSO Act.

As per the case of the prosecution, the allegation against the present applicant is that he committed rape upon the prosecutrix, who is aged 16 years. On the basis of such allegation, the above crime was registered.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is submitted that prosecutrix is alleged to have cohabited with the applicant. Her statement, recorded under Section 164 Cr.P.C., suggests a love affair between the two, which she acknowledged. Conclusion of trial will take considerable time. There is no likelihood of the applicant absconding or tampering with the prosecution witnesses. On these grounds, prayer has been made for grant of bail.

On the other hand, learned Public Prosecutor has vehemently opposed the application and prays for its rejection.

Heard counsel for the parties and perused the case diary.

Considering all the facts and circumstances of the case, arguments advanced by both the parties coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without commenting on merits of the case, this bail application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court.

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

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

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

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

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

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

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

Certified copy as per rules.