Pinni @ Amninath vs State Of Madhya Pradesh And Others

Sanjeev S Kalgaonkar, J

Learned counsel for the State informs that notice to victim has duly been served.

This first application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No. 196 of 2025 registered at Police Station -Akodiya District - Shajapur (M.P.) for offence punishable under Sections 137(2),249(b), 64(1),3(5) of BNS, 2023 and Section 3, 4, 5L, 5J(ii), 6 of POCSO Act, 2012. Applicant is in judicial custody since 9.11.2025.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence under pressure of family members of the victim. It is a case of teenage romance between adolescents. Learned counsel further referring to the evidence of victim (PW1) and her mother (PW-2) recorded before the trial Court contends that they did not support the accusation. They have exonerated the applicant of the alleged offence, rather, they have stated that the victim was aged around 20 years, at the time when she left her parental home. The determination of age during investigation is doubtful in view of the evidence of victim and her mother. Applicant has clean past, with family roots. There is no history of evading process of law. There is no likelihood of tampering with remaining evidence by the applicant for the reason that the material prosecution witnesses have been examined. Jail incarceration is causing hardship to the young applicant. Applicant is ready to cooperate in trial. The alleged offence is not heinous or brutal in nature affecting society at larger.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant. Applicant is aged around 20 years and is labourer by profession.

According to the material available on case diary, applicant aged around 20 years kidnapped the minor victim aged around 16 years 10 months and subjected her to penetrative sexual assault. The victim (PW1) and her mother (PW-2) have been examined before the trial Court. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of prosecution, age of the victim and complicity of the applicant in the alleged offence will be determined after evidence in the trial.

As informed, the applicant is still dependent on family and survives on occasional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the remaining witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the young applicant. However, the observations, herein-above, are recorded for present application only.

Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant -Pinni @ Amninath shall b e released on bail in connection with the Crime as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the same amount to the satisfaction of the trial Court, for compliance with the following conditions: (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the Trial Court may consider, on merit, cancellation of bail without any impediment of this order.

The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he/she had explained the conditions to the concerned accused or the surety.

C.C. as per rules.