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

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ON THE 17 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 53498 of 2025 KUNDAN Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Kaushal Sisodiya - Advocate for the applicant.

Shri K K Tiwari - G.A. for the State.

Shri Abdul Sameer Khan - Advocate for the respondent [OBJ].

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 / she is implicated in connection with Crime No.657/2025 registered at Police Station Barwani, District Barwani (MP) for offence punishable under Section Section 137(2), 87, 64(1), 64(2)(m), 127(4) of Bhartiya Nyay Sanhita, 2023 and Section 5(L)/6 of POCSO Act. The applicant is lodged in jail since 19/10/2025.

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

4. Counsel for the applicant has submitted that the applicant has been falsely implicated in the case dispute the fact that the prosecutrix was a consenting party and on earlier occasion also, a similar report of rape was lodged against