IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

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ON THE 5 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 286 of 2026 GOVIND Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Nilesh Dave - Advocate for the applicant.

Shri Aditya Garg - Government Advocate for the respondent No.1/State.

ORDER

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

2. This is the applicant's first application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (Section 439 of Criminal Procedure Code, 1973), as he is implicated in connection with Crime No.116/25 registered at Police Station Amjhera, District Dhar (MP) for offence punishable under Section Section 137(2), 87, 64, 64(2)(m) of Bhartiya Nyay Sanhita, 2023 and Section 5(L)/6 of POCSO Act. The applicant is lodged in jail since 15.11.2025.

3. Allegation against the applicant is of abduction and rape.

4. Counsel for the applicant has submitted that the prosecutrix was a consenting party and she has resided with the applicant for around one month, which is also reflected from her statement recorded under Section 164 of Cr.P.C./183 of BNSS, and the age of the prosecutrix is also in dispute. I