Mukesh vs State Of Madhya Pradesh And Others

Sandeep N. Bhatt, J

Learned counsel for the State has informed that notice to the victim has been duly served and informed about filing of this bail application, even through no one has appeared on behalf of the victim.

This is second application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No. 168 of 2025 registered at Police Station - Sarvan, District - Ratlam (M.P.) for the offence punishable under Sections 127(3), 137(2), 64(2)(m) of the BNS, 2023 and Sections 5(L)/6 of POCSO Act, 2012.

Learned Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged. He further submits that the applicant is aged 23 years and the victim is aged more than 17 years. He has further submitted that the depositions of the victim as well as her parents are already recorded before the trial Court, wherein they have not supported the case of prosecution. The applicant is behind the bar since11/07/2025 and the trial would take some more time to conclude. Considering the material available on record, it transpires that both, the victim and the applicant had stayed together for more than two months period. Considering this aspect, it is a case of love affair between the parties. Considering the consensual nature of the relationship, the filing of the charge-sheet, and considering the principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India, the case of the applicant for grant of bail be considered.

Learned counsel for the State has opposed the prayer for bail by submitting that prima-facie the victim is less than 16 years as the mark-sheet of SSC Board, although the trial Court has observed in the operative para of the order that the victim is more than 17 years and less than 18 years. He further submits that the DNA report is also positive, therefore, considering the provision of the POCSO Act and the applicant has committed serious offence and the trial is also progressing at appropriate pace, no relief is required to be granted to the applicant.

I have considered the rival submissions made by learned counsel for the parties and perused the case diary.

Considering the rival submissions and considering the fact that the applicant is aged around 23 years having no criminal antecedent and he is behind the bar since 11/07/2025, the statements of material witnesses have already been recorded and considering the fact that the applicant and the victim have stayed together for more than two months, as also the age of victim, as observed by the trial Court, is more than 17 years, considering the provisions of section 483 of the BNSS, 2023, as also considering the principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India, but without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Therefore, the application is allowed.

7 . It is directed that the applicant be released on bail, if he is not required to undergo imprisonment in any other offence, on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial and shall co-operate in trial.

8 . He shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023. If applicant is found involved in similar type of offence, it is open for the authorities to prefer application for cancellation of bail.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.