IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY

nd

ON THE 2 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 58674 of 2025 ACCUSED A Versus THE STATE OF MADHYA PRADESH AND ANOTHER Appearance:

Shri Sankalp Kochar - Advocate for the applicant.

Ms. Nalini Gurung - Panel Lawyer for respondent/State.

Shri Nilesh Jain - Advocate for the Objector.

ORDER This is first application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the applicant for grant of regular bail relating to Crime No.425/2025 registered at Police Station Gairatganj, District Raisen (M.P.), for the offence punishable under Section 64(2)(m), 65(1) BNS and Section 5(j)(II), 5l/6 of POCSO Act. The applicant is in custody since 04.12.2025.

2. As per prosecution case, the applicant and prosecutrix belongs to tribal community. They got married and child was born out of their wedlock. Newly born child died after two days, therefore, an inquest vide No.78/2025 was got registered at Police Station Gairatganj and during inquiry of that inquest, it has been found that the prosecutrix was under the age of 18 years when she got married with the applicant. On the basis of these facts the aforesaid offence is registered against the applicant.

3. Learned counsel for the applicant submitted that the applicant is innocent being tribal and their marriage was solemnized with the consent of their parents and they lived together along with the parents of the applicant in the same house. It is also submitted that parents of the prosecutrix have submitted no objection before the trial Court in the case bail is granted to the applicant. It is also submitted that the applicant is 22 years and is in jail since 04.12.2025. He has to take care of his wife/prosecutrix. Thus, it is prayed that applicant may be released on bail.

4. On the other hand, the counsel for the respondent/State has opposed the bail application.

5. Considering overall facts and circumstances of the case and without commenting anything on the merits of the case, application is allowed subject to some stringent condition.

6. It is directed that the present applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety in the like amount to the satisfaction of the trial court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial. It is further directed that the applicant shall comply with the provisions of Section 480 (3) of BNSS.

7. Accordingly, this M.Cr.C. stands allowed and disposed of.

(RAMKUMAR CHOUBEY)

JUDGE Vin**