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Sant Kumar @ Santa vs State Of Madhya Pradesh & Others

Madhya Pradesh High Court · Decided on 12 November 2025 · Citation: (2025) 11 MP CK 1986

HON’BLE JUDGES
Milind Ramesh Phadke, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 · Indian Penal Code, 1860 — Section 376, 376(D)(A), 376(2)(Tha), 511 · Protection Of Children From Sexual Offences Act, 2012 — Section 5G, 6, 17, 18 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 92 (Gha)
RESULT
Partly Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 51817 Of 2025
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Judgment

13 paragraphs · 326 words

Milind Ramesh Phadke, J

This is the fourth bail application filed by the applicant under Section 483 of BNSS seeking temporary/interim bail. Third regular bail application of the applicant was dismissed on merits vide order dated 18.9.2025 passed in M.Cr.C.No.39637 of 2025.

The applicant was arrested on 3.10.2023 by Police Station Bahadurpur, District Ashoknagar , in connection with Crime No. 14/2023, registered in relation to offences punishable under Sections 376, 511, 376 (D) (A), 376 (2) (Tha) of IPC and section 17/18, 5G/6 of POCSO Act and section 92 (Gha) of Divyangjan Adhikar Adhiniyam.

The applicant seeks interim bail on the ground that his father expired on 3.11.2025 and the 13th day ceremony (tehravi) is scheduled on 14.11.2025. Presence of the applicant is necessary to perform rituals and console the family.

The factum of the father's death has been duly verified by the State.

Per contra, learned counsel for the State had opposed the prayer and had sought dismissal of the application.

After considering the submissions and the documents placed on record, this Court, in the interest of justice, allows the application for interim bail to the following extent:

The applicant shall be released on interim bail for a period of seven days, from 13.11.2025 to 19.11.2025, on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

The applicant shall surrender before the concerned trial Court on 20.11.2025.

In case of failure to surrender, the interim bail order shall stand cancelled automatically without any further reference to this Court.

The concerned trial Court shall submit the surrender report of the applicant to the Registry of this Court for information.

In the event of non-compliance with the surrender direction, the concerned trial Court shall take appropriate steps for securing the arrest of the applicant.

Accordingly, the present application is partly allowed and disposed of. Certified copy as per rules.