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

nd

ON THE 2 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 53290 of 2025 PAWAN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Rakesh Shukla - Advocate for the applicant.

Shri Sunit Kapoor GA for the State.

Ms. Deepti Nema, learned counsel for the respondent [COMP].

ORDER

1. This first application has been filed by the applicant under Section

483 of BNSS, 2023 for grant of bail in connection with Crime No. 110 of 2025 registered at Police Station - Malawar, District - Rajgarh (M.P.) for offence punishable under Sections 137(2), 87, 64(1), 64(4), 62(2)(m), 65(1) of BNS, 2023 and Section 5L/6 of POCSO Act, 2012. Applicant is in judicial custody since 10/08/2025

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

4. 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. No offence, as alleged, is committed by the applicant.

Learned counsel referring to the evidence of victim [PW-1] and her parents [PW-2] and [PW-3] submits that the victim and her parents did not support the prosecution. They have exonerated the applicant of the alleged offence, rather, stated that the victim was aged around 19 years at the time, when she left her parental home. The material prosecution witness has been examined. There is no likelihood of tempering with remaining evidence by the applicant. The determination of age during investigation is doubtful in view of the evidence of victim and her parents. Applicant has clean past, with family roots. 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 trial.

5. 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 around 20 years and is agriculturist by profession.

6. Learned counsel for the objector pleads no objection for grant of bail to the applicant.

7. As per the accusation on case diary, applicant aged around 20 years kidnapped the minor victim aged around 14 years, 11 months and 5 days and subjected her to penetrative sexual relations. The victim (PW1) and her parents [PW-2] and [PW-3} have been examined before the trial Court . 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, age of the victim and complicity of the applicant in the alleged offence will be determined after evidence in the trial.

8. As informed, the applicant is still dependent on 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 remaining 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.

9. 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 applicant on bail. Thus, the application is allowed.

10. Accordingly, it is directed that applicant - Pawan S/o Sugan Singh shall be released on bail in connection with the Crime as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the same amount to the satisfaction of th