IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

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ON THE 15 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 52989 of 2025 SACHIN CHOUHAN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Manoj Malviya - Advocate for the applicant.

Shri Madhusudan Yadav - G.A. for the State.

ORDER

1. They are heard. Perused the case diary/challan papers.

2. 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.129/2025 registered at Police Station Dahi, District Dhar (MP) for offence punishable under Section Section 137(2), 64(2)(D), 65(1), 142, 3/5 of Bhartiya Nyay Sanhita, 2023 and Section 5(L)/6 and 17/18 of POCSO Act. The applicant is lodged in jail since 02/11/2025 (wrongly mentioned in the application as

20/10/2025.

3. Allegation against the applicant is of his involvement in the aforesaid case of rape wherein, the main allegation is against the co-accused Bhur Singh.

4. Counsel for the applicant has submitted that the main allegation is against the co-accused Bhur Singh with whom, the prosecutrix eloped, however, the prosecutrix in her statement recorded under Section 183 of BNS, 2023, has clearly stated that even Bhur Singh did not do anything wrong with her, and the only allegation against the applicant is giving shelter to the main accused and the prosecutrix while they were on their run. It is further submitted that the charge sheet has already been filed, applicant is in jail since 20/10/2025 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.

5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out. 6. Having considered the rival submissions and on perusal of the case diary, this Court finds force in the submissions as advanced by the counsel for the applicant, and further taking note of the fact that the age of the prosecutrix is in dispute, the applicant is lodged in jail since 02/11/2025 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.

7. 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.

8. M.Cr.C. stands allowed.

(SUBODH ABHYANKAR)

JUDGE krjoshi