IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 14^th OF JANUARY, 2026 MISC. CRIMINAL CASE No. 56764 of 2025 MUKESH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Tilok Gawali - Advocate for the applicant.

Smt. Usha Chouhan-Govt. Adv. appearing on behalf of Advocate General.

None for the respondent no.2/victim.

ORDER

2] This is the applicant's fourth bail application filed under Section

483 of Bharatiya Nagrik Suraksha Sanhita, 2023/ 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.06/2025, registered at Police Station Manawar, District -Dhar (MP) for offence punishable under Sections 137(2), 96 of the BNS and Section 16 & 17 of POCSO Act. The applicant is in custody since 03.07.2025. His earlier bail application M.Cr.C.No.34519/2025 was dismissed by this Court vide order dated 25.08.2025, with liberty to renew the prayer after three months, or after the victim or her mother is examined in the trial court, which ever is earlier.

3] Allegation against the applicant is of abduction.

4] Counsel for the applicant has submitted that neither the victim nor her mother is coming to the trial court to record their evidence, and it has already been more than one year of the applicant's incarceration, as he was arrested on 03.07.2025, and till date, not a single witness has been examined in the trial court. Thus, it is submitted that the bail application deserves to be allowed.

5] Counsel for the respondent / State, on the other hand has opposed the prayer.

6] Heard. Having considered the rival submissions, perusal of the case diary, it is found that the case is in its preliminary stage only, as the co-accused Bhura did not even appoint an advocate and had sought time on as many as 5-6 times. However,from the proceedings of the trial court, it is found that the victim or her mother is not appearing before the trial court, as they have left the place and gone to some other place to earn their livelihood. In such circumstances, when there is no allegation of rape against the applicant and the victim was also recovered on the same day only, considering the fact that the applicant is lodged in jail since 03.07.2025, this Court is inclined to allow the present bail application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. Applicant-Mukesh S/o Ramsingh Parmar is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five 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 / she 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 and disposed of.

(SUBODH ABHYANKAR)

JUDGE moni