Umesh Yadav vs State Of Madhya Pradesh And Others

Vishal Mishra, J

This is the first application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to Crime No. 118/ 2025 registered at Police Station Khajraho, District Chhatarpur (MP) for the offence under Sections 64 (2) (M), 137 (2), 127 (4), 351 (2), 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and Section 5L/6 of the POCSO Act.

It is argued that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. There is no allegation of committing rape with the prosecutrix against the present applicant in the statement recorded under section 164 of Cr.P.C/ 183 of BNSS. It is only alleged that the applicant helped the co-accused for commission of the aforesaid offence and of giving threat to kill the prosecutrix. The prosecutrix is reported to be 17 years of age. It is further submitted that the investigation is complete and the charge-sheet has been filed in the matter. The applicant is in custody since 1.9.2025. There is no criminal history of the applicant. There is no further requirement of custodial interrogation of the present applicant in the matter. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.

Per contra, counsel appearing for the State has vehemently opposed the application and prays for rejection of the bail application.

Considering the overall facts and circumstances of the case and the fact that there is no allegation of committing rape with the prosecutrix against the present applicant in the statement of the prosecutrix recorded under Section 164 of Cr.P.C. / 183 of BNSS, this Court deems it appropriate to allow this application. Accordingly, the application is allowed. The applicant is directed to be released on bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of trial Court. It is also directed that the applicant shall comply with the conditions as enumerated under Section 480 (3) of Bharatiya Nagarik Surksha Sanhita, 2023.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

The application is accordingly allowed and disposed of. CC as per rules.