IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANDEEP N. BHATT

th

ON THE 10 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 4002 of 2026 ABHISHEK BHUMIYA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Ravi Prakash Dwivedi - Advocate for the applicant.

Shri Vivek Kumar Pandey - Advocate for the complainant/objector.

Shri Himanshu Tiwari - Panel Lawyer for the respondent/State.

ORDER This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.329/2025 registered at Police Station - Khitola District - Jabalpur for the offence punishable under Sections 137(2), 64 (1), 83, 87, 127(2) of BNS and 3,4, 5(j)(ii), 5(L)/6 POCSO Act.

2. As per prosecution story, on 22.10.2025, mother of the prosecutrix lodged a report alleging that her daughter aged 17 years and six months had left the home and had not returned. On the basis of aforesaid complaint, present case has been registered against the applicant.

3 . The counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the case. It is submitted by counsel for the applicant that there is a love affair between the applicant and the prosecutrix. It is further submitted that the age of the prosecutrix is more than 17 years and the applicant and prosecutrix resided together for about six months and due to their relationship, she gave birth to a baby girl. It is further submitted that in view of the subsequent development, the parties have amicably settled the dispute looking to the future of the baby girl. The mother of the prosecutrix has also filed an affidavit by saying that she has no objection if bail is granted to the present applicant as they are interested in performing marriage with the applicant. Counsel for the applicant further submitted that father of the applicant has also executed an affidavit by saying that they will make all endevour to solemnized the marriage of the prosecutrix with the present applicant in near future, if applicant is released on bail. Trial will take considerable time to conclude, therefore, the applicant be released on bail.

4. Learned counsel for the State has opposed the prayer for bail.

5. Heard the submissions and perused the case diary.

6. Considering the peculiar facts and circumstances of the case, though the provision of POCSO Act is involved in the present case and the court is normally not exercise its discretion in such matters. There is a love affair between the applicant and prosecutrix and they both have stayed together for a period of six months and prosecutrix has also given birth to a baby girl. Mother of the prosecutrix has filed an affidavit to the effect that the complainant has no objection, if the bail is granted to the applicant. Father of the applicant has also filed an affidavit to the effect that they will do the needful in the matter to solemize the marriage of the applicant/accused with the prosecutrix. The affidavits are taken on record. Considering the future of the applicant as well as prosecutrix and a baby girl, looking to the age of the present applicant and considering the observations of the Hon'ble Apex Court in the resent judgment in the case of State of U.P. Vs. Anirudh and another [2026 SCC OnLine SC 40], whereby the Court has observed regarding such relationship which can be considered as Romeo and Juliet relationship. Considering these aspects and considering it as exceptional case and the principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India, but without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Therefore, the application is allowed.

7 . It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the tr