Pinkesh vs State Of Madhya Pradesh And Others

Ramkumar Choubey, J

This is the second bail application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.10/2026 registered at Police Station Moghat Road, District Khandwa (M.P.), for the offence punishable under Sections 137(2), 87, 64(2) (m) of B.N.S. and sections 3(1)(w)(ii) and 3(2)(v) of SC/ST Act and sections 5(L)/6 of POCSO Act. Applicant is in custody since 15.01.2026.

His first application for the same relief was got dismissed as withdrawn vide order dated 24.02.2026 with liberty to revive the prayer for bail after completion of 90 days from the date of arrest.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is further submitted that the prosecutrix is above the age of 18 years. She was a consenting party and she has left her parental home of her own volition. It is also submitted that the applicant and the prosecutrix have performed marriage in Arya Samaj at Indore and they were living together as husband and wife since 12.01.2026. The prosecutrix had denied to go with her parents and the prosecutrix was presented before the Bal Kalyan Samiti and thereafter, the prosecutrix was kept in Van Stop Centre, Khandwa. Applicant is in jail since 15.1.2026 and he is young boy, aged 21 years. On these premise, learned counsel implores that the applicant may be released on bail.

On the other hand, learned counsel for the respondent/State has opposes the bail application and submits that as per the prosecutrix case, the prosecutrix is under the age of 18 years. Thus, her consent is immaterial. Therefore, it has been prayed that the application be dismissed.

Considering the overall facts and circumstances of the case, this Court is inclined to enlarge the applicant on bail. Thus, without commenting anything on the merits of the case, this application is allowed.

It is directed that the applicant Pinkesh shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial Court concerned, for his appearance before the said Court on all such dates as may be fixed during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 480(3) of the BNSS.

Accordingly, this M.Cr.C. stands disposed of.