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NEUTRAL CITATION NO. 2025:MPHC-IND:37895

1 MCRC-54744-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE HIMANSHU JOSHI

th

ON THE 29 OF DECEMBER, 2025

MISC. CRIMINAL CASE No. 54744 of 2025

KUWARSINGH MAVDA

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Ankish Shah - Advocate for the petitioner [P-1].

Shri Rahul Solanki GA appearing on behalf of Advocate General[r-1].

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 is implicated in connection with Crime No.248/25

registered at Police Station Udaygarh, District Alirajpur (MP) for offence

punishable under Section Section 137(2), 87, 64(2)(m), 64(2)(f), 65(1) of

Bhartiya Nyay Sanhita, 2023 and Section 5(L)/6, 5(J)(ii)/6, 5(N)/6, 3/4(2) of

POCSO Act. The applicant is lodged in jail since 27.09.2025

3. Allegation against the applicant is of abduction and rape.

4. Counsel for the applicant has submitted that the applicant is

innocent and he has been falsely implicated. There is no legal evidence to

connect the applicant with the aforementioned offence. The conclusion of

trial is likely to take a sufficiently long time and if the applicant is not

Signature Not Verified

Signed by: HARIKUMAR

NAIR

Signing time: 12/30/2025

6:28:17 PM

NEUTRAL CITATION NO. 2025:MPHC-IND:37895

2 MCRC-54744-2025

released on bail he shall suffer in his defence. The investigation is over and

charge sheet has been filed. There is inordinate delay in lodging the FIR of 4

months and 16 days. The prosecutrix was a consenting party and she

remained in the company of the applicant up to 4 month and 20 days from

7.5.2025 to 27.09.2025 but meanwhile she did not make any hue or cry and

she did not make any complaint to anyone. There is love affair between the

prosecutrix and applicant and due to pressure of her parents this false case

has been registered against applicant. As per X-ray report prosecutrix is aged

17-19 years and there is variation of 2 years and in such circumstances it is

presumed that she is a major girl and there is one child of prosecutrix and

applicant. 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 27.09.2025 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.50,000/-

Signature Not Verified

Signed by: HARIKUMAR

NAIR

Signing time: 12/30/2025

6:28:17 PM

NEUTRAL CITATION NO. 2025:MPHC-IND:37895

3 MCRC-54744-2025

(rupees fifty 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 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.

(HIMANSHU JOSHI)

V. JUDGE

hk/

Signature Not Verified

Signed by: HARIKUMAR

NAIR

Signing time: 12/30/2025

6:28:17 PM