IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY

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ON THE 25 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 8399 of 2026 AMAR SINGH BARELA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Nikhil Tiwari- Advocate for the applicant.

Smt. Nalini Gurung- Panel Lawyer for the respondent/State.

ORDER This is the first application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the applicant for grant of regular bail relating to Crime No.323/2025 registered at Police Station Industrial Area Satlapur, District Raisen for the offence punishable under Sections 137(2), 87, 64(2)(m) of B.N.S. and Section 5l, 6 of POCSO Act. Applicant is in jail since 22.12.2025.

2. Learned counsel for the applicant submitted that though the age of the prosecutrix is mentioned as 16-years-5-months-22days but infact she was above the age of 18 years. It is further submitted that as per the prosecution case itself, the prosecutrix was in love affair with the applicant as she came into his contact through Instagram. Prosecutrix had left her parental home and gone with the applicant and they have performed marriage, thereafter on 04.11.2025, the parents of the applicant took away the prosecutrix to the police station and the offence vide Crime No.307/2025 was registered against the applicant. Thereafter, the prosecutrix once again left her parental home on 21.11.2025 and again went to the applicant's house, thus, the present offence vide Crime No.323/2025 registered against the present applicant. However, the applicant was arrested in both the cases on 22.12.2025. It is further submitted that the prosecutrix has made statement under Section 183 of BNSS which also reveals that prosecutrix had left her parental home on her own volition and came to the applicant. It is further submitted that charge sheet has been filed and there is no apprehension of absconding of the applicant or tampering with the prosecution evidence. Thus, it is prayed that the present applicant may also be released on bail.

3. On the other hand, the counsel for the respondent/State has opposed the bail application. It is submitted that though the prosecutrix came into the association of the applicant of her own volition but she is under the age of 18 years, thus, her consent is immaterial. Therefore, application deserves to be dismissed.

4. Considering the overall facts and circumstances of the case, the age of the prosecutrix as well as the age of the applicant and conduct of the prosecutrix which is appeared from the prosecution case, the applicant is entitled to be released on bail. Thus, without commenting anything on the merits of the case, this application is allowed.

5. It is directed that the present applicant Amar Singh Barela shall be enlarged on bail his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety in the like amount to the satisfaction of the trial court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial. It is further directed that the applicants shall comply with the provisions of Section 480 (3) of BNSS.

6. Accordingly, this M.Cr.C. stands allowed and disposed of.

(RAMKUMAR CHOUBEY)

JUDGE SS