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NEUTRAL CITATION NO. 2025:MPHC-IND:37687

1 MCRC-50730-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI

nd

ON THE 22 OF DECEMBER, 2025

MISC. CRIMINAL CASE No. 50730 of 2025

RAJESH @ RAJAN

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Chandra Prakash Purohit - Advocate for the applicant.

Shri Kamal Kumar Tiwari - Government Advocate for the

respondent/State.

ORDER

Heard and perused the record.

2. This is the first bail application filed on behalf of the applicant

under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant

of bail. The applicant is arrested in relation to Crime No.99/2025 registered

at Police Station-Bajna, District-Ratlma for the offence under Sections

137(2), 64(2) and 87 of BNS and 5(L), 5j(ii) and 6 of the Protection of

Children from Sexual Offences, Act, 2012. The applicant is in custody since

30.08.2025.

3. As per the facts of the case, the family members of the prosecutrix

lodged a missing report about the prosecutrix. On 06.02.2025 prosecutrix

went along with and was residing with the accused. On 29.08.2025,

prosecutrix was recovered and thereafter the applicant was impleaded in the

Signature Not Verified

Signed by: SREEVIDYA

Signing time:

12/23/2025 11:08:04 AM

NEUTRAL CITATION NO. 2025:MPHC-IND:37687

2 MCRC-50730-2025

case.

4. Learned counsel for the applicant submits that in fact it is a case of

consent. The prosecutrix and accused both have solemnized marriage and

they have a son born from the said wedlock on 29.11.2025. The prosecutrix

herself has stated before the trial Court in her statement that at the time of

eloping with the accused, she was 19 years of age. Learned counsel for the

applicant has also placed on record the statement of the prosecutrix which

was recorded before the Court.

5. On the other hand, learned Government Advocate for the State has

opposed the prayer and prayed for dismissal of the application.

6. Considering the overall facts of the present case, particularly the

fact that the prosecutrix herself has stated that she was 19 years of age at the

time of eloping with the applicant who was 21 years of age and they have

solemnized the marriage and that they have a son from the said marriage,

without commenting on the merits of the case, first bail application for grant

of bail filed on behalf of applicant is allowed.

7. It is directed that applicant be released on bail on his furnishing a

personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with

one solvent surety in the like amount to the satisfaction of the concerned

court/JMFC for his regular appearance before the trial Court during trial with

a condition that he shall remain present before the concerned Court on all the

dates fixed by it during trial. He shall abide by all the conditions enumerated

under Section 480(3) of BNSS.

8. This order shall be effective till the end of the trial. However, in

Signature Not Verified

Signed by: SREEVIDYA

Signing time:

12/23/2025 11:08:04 AM

NEUTRAL CITATION NO. 2025:MPHC-IND:37687

3 MCRC-50730-2025

case of bail jump and breach of any of the conditions of bail, it shall become

ineffective.

Certified copy as per rules.

(PAVAN KUMAR DWIVEDI)

V. JUDGE

vidya

Signature Not Verified

Signed by: SREEVIDYA

Signing time:

12/23/2025 11:08:04 AM