A young applicant with no criminal record is granted bail due to lack of compelling reasons for incarceration and conditions imposed for trial compliance.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR rd ON THE 3 OF SEPTEMBER, 2025 MISC. CRIMINAL CASE No. 39076 of 2025 ARJUN @ PAPPU Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Harshvardhan Pathak, Advocate for the applicant.

Shri Amit Raval, Govt. Advocate for the respondent/State.

ORDER Learned counsel for the State submits that victim has been duly informed about filing of this application.

This first application has been filed by the applicant under Section 483 of BNS S , 2023 for grant of bail in connection with Crime No.167/2025 registered at Police Station - Bhojpur, District - Rajgarh (M.P.) for offence punishable under Sections 137(2), 64, 64(2)(m), 87, 49, 55 of BNS , 2023 and Section 5/6 of the POCSO Act . Applicant is in judicial custody since

03.08.2025.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated Signature Not Verified in the alleged offence merely for the reason that he is friend of main accused Pawan. It is a case of teenage romance between two adolescents Pawan(main accused) and the victim. No offence, as alleged, is committed by the applicant. The victim did not allege any misdeed against the applicant. The determination of age of the victim during investigation is doubtful. There is no likelihood of tampering with evidence by the applicant. The final report is submitted on completion of investigation. Jail incarceration is causing hardship to the young applicant and his family. Applicant is ready to cooperate in trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

According to the material available on case diary, the main accused Pawan aged around 21 years, kidnapped the minor victim aged around 17 years and took her to Khilchipur. They stayed there for a night in the room of Arjun @ Pappu(applicant). Thereafter, they went to Bhopal, Delhi and Jodhpur(Rajasthan). The allegation against the applicant relates to providing stay facility to main accused Pawan for a night. The veracity of prosecution and age of victim will be determined after evidence in the trial.

As informed, the applicant is aged around 21 years and is a labourer by profession. He is still dependent on his family and survives on occasional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedents, considering the Signature Not Verified socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the young applicant. However, the observations, herein-above, are recorded for present application only.

Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant-Arjun @ Pappu shall be released on bail in connection with Crime, as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions : (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi asunder):-

(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;

(1) आवेदक संबंिधत (cid:12)यायालय के िनद(cid:1