IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE SANDEEP N. BHATT

th

ON THE 14 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 60206 of 2025

MOHIT CHAKRAWORTHY

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Mr. Vivek Agrawal - Advocate for the applicant.

Mr. Ashish Rajak, learned counsel for the objector.

Shri Himanshu Tiwari Pl appeared for respondent state.

ORDER her body. He further submits that on 30.08.2025, statement under Section 183 of BNSS has been recorded before the Magistrate and she has stated that she is in relationship with the applicant and she herself went with the applicant of her own free will and accord and thereafter, they both i.e. applicant and prosecutrix have performed marriage. They are living as husband and wife and are living peacefully together. He further submits that though the prosecutrix is minor at the time of incident but considering the conduct of the prosecutrix and the fact that both applicant and prosecutrix both are resident as husband and wife, therefore, no purpose would be served in keeping the applicant behind the bars, who is aged 19 years. He further submits that in addition to this, mother of the prosecutrix, who is the original complainant in the instant case, has also given her consent to grant bail to the applicant and if bail is granted to the applicant, she has no objection.

This is first bail application filed by the applicant under Section 483

of the Bharatiya Nagrik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) for grant of regular bail relating to FIR/Crime No.421/2025 registered at the Police Station - Barela, District - Jabalpur (MP) for the offences punishable under Sections 137(2), 87, 64(2)(m) of BNS and sections 5L/6 of POCSO

Act. Applicant is in detention since 30.08.2025.

2. Learned counsel for the applicant submits that after investigation,

charge sheet has been filed. As per his submissions, age of the prosecutrix is more than 17 years and 8 months at present. He further submits that prosecutrix has been recovered from Kund Jalashya Subhash Nagar, Jhanda Chowk Ranjhi, Jabalpur and thereafter, she has been medically examined by the concerned doctor, who has not found any internal or external injuries on

3. Learned counsel for the original complainant i.e. mother Smt.

Sandhya Chakravarty of the prosecutrix has also endorsed this submission and has tendered the copy of the affidavit filed by mother of applicant stating that she has no objection, if the applicant is enlarged on bail.

4. Heard and perused the record.

5. Considering the same, this Court has verified from the mother of the prosecutrix about the execution of the said affidavit and she has also accpeted that she has executed the aforesaid affidavit before the Commissioner of Oaths, Jabalpur wherein, she has clearly stated that she has no objection as stated in the affidavit, if applicant is enlarged on bail.

6. Learned counsel for the State has strongly opposed the bail application at the bar by submitting that technically, the girl is still minor. Even today, she is not completed the age of 18 years. Moreover, considering the fact that prima facie, offence is made out against the applicant. Merely, there is consensus between the parties, therefore, no discretion should be exercised in favour of the applicant in such heinous crime.

7. I have heard the rival submissions of learned counsel for the parties and I have also considered the affidavit filed by the mother of the complainant and charge sheet has been filed and affidavit is filed by the mother (original complainant) supports the case of the applicant and also the fact that the statement recorded before the Magistrate indicates that incident has taken place due to the instance of the girl, who ran away from her house and got married and also considering the age of the applicant accused, who is aged 19 years and he is behind bars since 30.08.2025 and also considering the observations made by Hon'ble Apex Court in the case of The State of Uttar Pradesh