Simmu Mehra And Others vs State Of Mp And Others

Anand Pathak, J

The instant application under section 483 of BNSS, 2023 is filed on behalf of applicants for grant of bail. Applicants are in custody since 18/03/2026 in relation to Crime No.727/2025 registered at Police Station Gadarwara, District Narsinghpur (MP) for the offences punishable under sections 137(2), 64, 64(2)(m), 65(1), 87, 49 of BNS & Section 5(L)/6, 16/17 of POCSO Act.

It is the submission of learned counsel for the applicants that applicants are suffering confinement since 18/03/2026 on false pretext and charge-sheet is likely to be filed soon. It is further submitted that prime accused is Ajay, who happens to be son of present applicants and as per allegations, he eloped with the prosecutrix who was around 16 years of age (minor). They both entered into wedlock thereafter, they both resided together as couple for two and half months at Mathura (UP) and thereafter for some days at the residence of present applicants at Gadarwara, District Narsinghpur. Nothing less, nothing more. Allegation of rape is not over present applicants. At best, it is alleged that applicants helped the prime accused Ajay to keep the prosecutrix with them. However, statement of prosecutrix indicates that it is a matter of consent because prosecutrix and prime accused shared emotional and physical proximity by consent and entered into wedlock. Apparently, prosecutrix left her maternal home on her own volition. On false pretext, both the applicants are suffering confinement. Besides that, applicants do not bear any criminal antecedents. They undertake to cooperate in trial/ investigation and would not be a source of embarrassment and harassment to the complainant side in any manner. Applicants are ready to abide by terms and conditions this Court deems fit and proper in case they are enlarged on bail. Under such circumstances, they prayed for grant of bail.

Learned counsel for the respondent/State opposed the prayer for bail and prayed for its dismissal.

Heard the learned counsel for the parties at length and perused the case diary.

Considering the submissions advanced and the nature of allegations, but without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant No.1-Simmu Mehra and applicant No.2 Smt. Siya shall be released on bail on their furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicants :-

(i). The applicants will comply with all the terms and conditions of the bond executed by them;

(ii) The applicants will cooperate in the investigation/trial, as the case may be;

(iii) The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

(iv) The applicants shall not commit an offence similar to the offence of which he is accused;

(v) The applicants will not seek unnecessary adjournments during the trial;

(vi) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

(vii) The applicants shall not be a source of embarrassment or harassment to the complainant side in any manner and shall not move in the vicinity of complainant side.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy today.