IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 25^th OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 7329 of 2026 RAJ KUMAR GOLE Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Shivendra Pandey - Advocate for the applicant.

Shri Tarun Pagare -GA appearing on behalf of Advocate General[r-1].

ORDER

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

2] This is the applicant's second 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.275/2025 registered at Police Station Warla, District Barwani (MP) for offence punishable under Sections 65 (1), 70(2), 127(2), 137(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of POCSO Act. The applicant is in custody since 11.10.2025. His first bail application was dismissed as withdrawn by this Court vide order dated 25.11.2025 passed in MCRC.No.50656/2025, with liberty to renew his prayer after the prosecutrix is examined in the trial Court.

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

4] Counsel for the applicant has submitted that the prosecutrix has been examined in the Trial Court, and she has not supported the case of the prosecution. It is further submitted that the age of the prosecutrix is also disputed. It is further submitted that the applicant is lodged in jail since 11.10.2025 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, on the other hand has opposed the prayer.

6] Having considered the rival submissions, perusal of the case diary as also the documents filed on record, and considering the fact that the final conclusion of the trial is likely to take sufficient long time and the age of the prosecutrix is also disputed, in the considered opinion of this Court, the applicant's application deserves to be allowed.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant 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. If the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

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

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE das