IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 24^th OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 2519 of 2026 SANJAY Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Nilesh Manore - Advocate for the applicant.

Shri Surendra Singh Alawa-GA appearing on behalf of Advocate General[r-1].

Shri Shraddha Garg, Advocate for the respondent [OBJ].

ORDER

1] They are heard. Perused the record.

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.909/2025 registered at Police Station Jhabua, District Jhabua (MP) for offence punishable under Sections 137(2), 65(1), 64(2)(m), 87 of the Bharatiya Nyaya Sanhita, 2023 and Section 5(L)/6 of POCSO Act. The applicant is in custody since 26.11.2025.

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

4] Counsel for the applicant has submitted that the prosecutrix was a consenting party as she resided with the applicant for a period of 18 day and the prosecutrix has also given birth to a child out of their relationship and has stated that she wants to reside with the applicant. It is further submitted that the age of the prosecutrix is also disputed. It is also submitted that the applicant is lodged in jail since 26.11.2025 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 as also the objector on the other hand have opposed the prayer and have stated that the applicant was minor at the time of incident, thus, no case for grant of bail is made out.

6] On due consideration of submissions, perused the case diary, as also the statement of the prosecutrix, wherein, she has clearly stated that she was a consenting party, and was residing with the applicant for a period of 18 days and also gave a birth to a child out of their relatioship and wants to stay with the applicant and further 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, 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 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] M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE das