IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 11 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 5395 of 2026 PAWAN SHAKYA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Surdeep Khampariya - Advocate for the applicant. Shri Amit Bhurrak - Advocate for the respondent/State.

Shri Pushpesh Pandey - Counsel for the objector.

ORDER Case diary is available.

2. This first application under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023/ under Section 438 of Cr.P.C. has been filed by applicant seeking anticipatory bail in Crime No.0019/2026, registered at Police Station Berasia, District Bhopal for offences punishable under Section

69 of BNS.

3. It is submitted by counsel for applicant that undisputedly the prosecutrix is minor. In her FIR she has specifically stated that with passage of time she also developed liking for the applicant. The prosecutrix herself went alongwith the applicant to Bhopal where it is alleged that applicant had physical relationship with her. Even after the first incident of physical relationship, again the prosecutrix went to the room of the applicant at Bhopal and it is alleged that for 4 to 5 times he had sexually molested the prosecutrix. It is submitted that the FIR has been lodged on the ground that the applicant has refused to marry the prosecutrix. It is submitted that the prosecutrix is a major and she was voluntarily visited the room of the applicant at Bhopal and thus, it cannot be said that she was raped or the physical relation had taken place without the consent of the prosecutrix 4 . Per contra, it is submitted by the counsel for the State as well as the complainant that the prosecutrix is pregnant and applicant is refusing to marry the applicant.

5. Considered the submissions of learned counsel for the parties.

6. In view of the fact that the prosecutrix is major and she had voluntarily visited the room of the applicant at Bhopal whereas the prosecutrix is the resident of Village Kulhor, Barasia, District Bhopal, this Court is of the considered opinion that the applicant has made out a case for grant of anticipatory bail.

7. Accordingly, the application is allowed. It is directed that in case, if the applicant appears before the Investigating Officer on or before 18.02.2026 and furnishes bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety in the like amount to the satisfaction of the Investigating Officer, then, he shall be released on anticipatory bail.

8. The anticipatory bail shall continue till the conclusion of trial.

However, in case of bail jump, the trial court shall be free to issue arrest warrant and shall be free to take the applicant in custody. It is made clear that in case if applicant fails to appear before the Investigating Officer on or before 18.02.2026 or fails to deposit the amount, then, this order shall automatically stand cancelled.

9. With aforesaid observations, the application for grant of anticipatory bail is allowed.

(G. S. AHLUWALIA)

JUDGE