Vishal vs State Of Madhya Pradesh And Others

Subodh Abhyankar, J

They are heard. Perused the documents filed on record.

This is the applicant's first application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (Section 439 of Criminal Procedure Code, 1973), as he / she is implicated in connection with Crime No.332/2025 registered at Police Station Kalyanpura, District Jhabua (MP) for offence punishable under Section Section 137(2), 64(2)(m), 87 of Bhartiya Nyay Sanhita, 2023 and Section 5(L)/6 of POCSO Act. The applicant is lodged in jail since 20/11/2025.

Allegation against the applicant is of his involvement in the aforesaid case of rape wherein, the main allegation is against the co-accused a child in conflict against whom it is alleged that he committed rape on the prosecutrix.

Counsel for the applicant has submitted that the main allegation is against the co-accused a child in conflict with whom, the prosecutrix eloped and resided for around 24 days, and the only allegation against the applicant is that the applicant had only accompanied the co-accused, and no overt act is attributed to him. It is also submitted that even otherwise, the prosecutrix was a consenting party and she has resided in the house of the main accused for around 24 days, which is also reflected from the police report filed in reference, and the age of the prosecutrix is also in dispute. It is further submitted that the charge sheet has already been filed, applicant is in jail since 20/11/2025 and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and applicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that the case diary is not available.

Having considered the rival submissions and on perusal of the documents filed on record including the police report filed on record, this Court finds force in the submissions as advanced by the counsel for the applicant, and further taking note of the fact that there is no allegation of rape against the present applicant and admittedly, the prosecutrix had resided with the main accused for substantial period of time and the age of the prosecutrix is in dispute, the applicant is lodged in jail since 20/11/2025 and final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

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

M.Cr.C. stands allowed.