Om @ Tomy vs State Of Madhya Pradesh And Others

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.224/2025 registered at Police Station Balwada, District Khargone (MP) for offence punishable under Sections 137(2),87,64(1), 64(2), 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3,4,5L/6 of POCSO Act. The applicant is in custody since 6.1.2026.

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

4] Counsel for the applicant has submitted that the prosecutrix was a consenting party as she got married to the applicant. When she was recovered, she had given a false statement before the Magistrate. A copy of the statement of the prosecutrix and her mother recorded under section 183 of the BNSS is filed on record. It is also submitted that the applicant is lodged in jail since 6.1.2026, and the final conclusion of trial is likely to take sufficient long time and there are no criminal antecedents. 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 as also the statement of the prosecutrix, it is apparent that she has resided with the applicant for 3 to 4 days and has also stated that the applicant got married to her by applying vermilion on her forehead and tied a mangalsutra, and thereafter her borther-in-law came to take her, and considering the fact that the final conclusion of the trial is likely to take sufficient long time , 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. It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

8] M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.