IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 10^th OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 56784 of 2025 SUNIL Versus THE STATE OF M. P. AND OTHERS Appearance:

Shri Pankaj Kumar Sohani - Advocate for the applicant.

Shri Surendra Singh Alawa -Govt. Adv. appearing on behalf of Advocate General.

None for the respondent no.2/victim.

ORDER

1] They are heard. Perused the case diary/challan papers.

2] This is the applicant's first 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.133/2025, registered at Police Station Bagh, Tehsil Kukshi, District- Dhar (MP) for offence punishable under Sections 137(2), 96, 127(4), 65(1), 351(3), 64(2)(m)of the B.N.S., and Sections 5(L)6 of the POCSO Act. The applicant is in custody since 20.07.2025.

3] The allegation against the applicant is of abduction and rape.

4] Counsel for the applicant has submitted that the age of the prosecutrix is disputed, and she left on her own volition with the applicant and resided with him for around one month as his wife, which is also stated by her in her statement under Section 183 of B.N.S.S. It is also submitted that the applicant is lodged in jail since 20.07.2025, and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

5] Counsel for the respondent / State has also opposed the prayer. 6] Having considered the rival submissions, perusal of the case diary, and taking note of the fact that the age of the prosecutrix is disputed, and the fact that she resided with the applicant for around one month and she has stated that she had left with the applicant on her own volition, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant- Sunil S/o Premsingh Sisodiya 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] It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the trial Court itself, who shall decide the same in accordance with law.

9] M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE moni