Suraj Ahirwar vs State Of Madhya Pradesh And Others

Rajendra Kumar Vani, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C./483 of the BNSS for grant of bail relating to Crime No.143/2026 registered at Police Station Jaisinghnagar, District Shahdol (M.P.) for the offence under Sections 64(1), 64(2)of BNS and section 5(L)/6 of POCSO Act.

2 . Learned counsel appearing on behalf of the applicant has submitted that the present applicant is in custody since 13.04.2026 and the charge-sheet has already been filed. It is further submitted that the applicant has been falsely implicated and no case under section 64 of BNS and section 5(L)/6 of POCSO Act is made out. The prosecutrix is major. She has filed her affidavit as document no.3880/2026 and she is also present before this Court and expressed no objection for grant of bail to the present applicant. It is stated by her in affidavit that no offence has been committed by the present applicant; therefore, the applicant has good case on merit. The conclusion of trial will take time. The applicant is ready and willing to abide by any condition which may be imposed by the Court. On these premises, learned counsel prays for bail.

Per contra, learned counsel for the State has opposed the bail application and prayed for its rejection.

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

Considering the submissions advanced by learned counsel for the parties and keeping in view the attending facts and circumstances of the case, this Court is inclined to release the applicant on bail. Thus, without expressing any opinion of the merits of the case, the application is allowed with certain stringent conditions. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

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

i) The applicant will comply with all the terms and conditions of the bond executed by him;

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

iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

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

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

vii) If any of the aforesaid conditions is violated, then this order shall lose its effect automatically.

Copy of this order be sent to the trial Court concerned for compliance by the office of this Court.

Certified copy as per rules.