IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 13 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 57887 of 2025

VIJAY SUTAR

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Manish Kumar Vijaywargiya - Advocate for the applicant.

Shri Gaurav Rawat - Govt. Advocate for the respondent/State.

ORDER is a case of romantic relationship between two youngsters. Learned counsel referring to the statement of victim recorded under Section 164 of Cr.P.C. contends that her parents have forcefully married her at a Community Marriage Ceremony, whereas she had liking for Vijay (applicant). When she came to her parental house, she insisted Vijay to take her. She left her parental home at her own. They lived in a rented room in Bhopal. She did not allege any inducement, compulsion or force against the applicant. The determination of age of the victim during investigation is doubtful. The final report has been filed on completion of investigation. There is no likelihood of tampering with evidence by the applicant. Applicant has clean past, with family roots, property and employment. There is no history of evading process of law. Jail incarceration is causing hardship to the young applicant and his family. Applicant is ready to cooperate in the trial.

Learned counsel for the State submits that victim has duly been

informed about filing of the bail application.

This first application has been filed by the applicant under Section 483

of BNSS, 2023 for grant of bail in connection with Crime No. 233/2025 registered at Police Station - Piplodi, District - Rajgarh(M.P.) for offence punishable under Sections 137(2), 87, 64(1) of BNS, 2023 and Section 5l/6

of POCSO Act. Applicant is in judicial custody since 29.10.2025.

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 in the alleged offence under the pressure of family members of the victim. It

Per contra, learned counsel for the respondent/State opposes the bail 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. The applicant is aged 23 years and is a labourer by profession.

According to the material available on case diary, the applicant, aged around 23 years, kidnapped the minor victim aged around 16 years and 01 month and subjected her to penetrative sexual assault. But, the victim in her statement recorded u/S 164 of Cr.P.C. stated that she had voluntarily left her parental home and went with the applicant to Kota, Indore and Bhopal. Prima facie, the element of enticement or compulsion by the applicant is missing in her statement. The final report has been submitted on completion of investigation. The trial would take time to conclude. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of prosecution and age of victim will be determined after evidence in the trial.

As informed, applicant is still dependent on the 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 antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of recidivism or 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 young applicant on bail. Thu