Sumit vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard and perused the case diary.

2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.844/2025 registered at Police Station Kotwali Dewas District- Dewas (MP) for offence punishable under Sections 137(2),64(2)(f),64(2)(M),65(1),89,351(3),3(5) of B.N.S and section 5(L)/6, 5j(ii)/6 of Pocso Act. The applicant is in custody since 19/11/2025.

3] The allegation against the applicant is that he was involved in the aforesaid case, wherein the main allegation is against co-accused Aayush. It is alleged that the prosecutrix gave birth to a child, whereas the applicant is the maternal uncle of the prosecutrix and she was residing with them at that time.

4] Counsel for the applicant has submitted that the applicant is lodged in jail since 19/11/2025, and the charge-sheet has already been filed, and there is no overt act attributed to him. It is further that the conclusion of trial is likely to take sufficient long time. Thus, it is prayed that the application be allowed.

5] Counsel for the State has opposed the prayer, and it is submitted that the case diary is not available.

6] On due consideration of submissions and on perusal of the charge sheet, which is available with counsel for the applicant and the documents filed by the applicant on record and the fact that the applicant is lodged in jail since 19/11/2025 and that the charge-sheet has already been filed, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby 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.

8] If the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the trial Court itself, who shall decide the same in accordance with law.

9] Accordingly, the application is allowed and disposed of.

C.c. as per rules.