IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 23 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 48792 of 2025 SHYAM SINGH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Aditya Verma - Advocate for the applicant.

Shri Ayushyaman Choudhary - Govt. Advocate for the respondent/State.

Shri Aditya Choudhary - Advocate for the respondent [OBJ].

ORDER 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 applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 106/2025 registered at Police Station- Kanad, District- Agar Malwa (M.P.) for offence punishable under Sections 137(2), 64, 65(1) & 87 of the BNS, 2023 and section(s) 3/4 & 5L/6 of the POCSO Act, 2012. Applicant is in judicial custody since 07.06.2025.

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. It is a case of romantic relationship between youngsters. Learned counsel refers to the statement of victim recorded u/S 183 of BNSS, 2023 and submits that victim had liking for the applicant. But her family was planning to marry her elsewhere. The victim left her parental home and went with the applicant to Bhopal. They got married at Shiv Mandir at Bhopal. They went to Jaipur and stayed in a rented room. Police intercepted them at Jaipur. False allegations of kidnapping and rape are leveled against the applicant under the pressure of family members. No offence, as alleged, is committed by the applicant. The final report was submitted, but the trial is held up due to vacancy in the concerned Court. The trial would take time to conclude. Applicant has clean past, with family roots and property. There is no history of evading process of law. There is no likelihood of tampering with evidence by the applicant for the reason that he is not capable to manipulate evidence. Jail incarceration is causing hardship to the young applicant and the family. Applicant is ready to cooperate in trial.

Per contra, learned counsel for the State opposes the 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.

Applicant is aged 24 years. He is an agriculturist by profession.

Learned counsel for the objector pleads "no objection" for grant of bail.

According to the accusation on case diary, applicant aged around 24 years, kidnapped minor victim aged around 15 years 8 months and subjected her to penetrative sexual assault. Prima-facie, the element of inducement, enticement, compulsion or force to leave her parental home is missing in the statement of victim recorded under section 183 of BNSS, 2023. The final report has been submitted on completion of investigation. The trial is unnecessarily delayed due to vacancy in the concerned Court. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of the prosecution and age of the victim will be determined after evidence in trial.

As informed, the applicant has the responsibility of dependent family.

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 onl