[Cites 3, Cited by 0]
Madhya Pradesh High Court
Pawan vs The State Of Madhya Pradesh on 2 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3173
1 MCRC-53290-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 53290 of 2025
PAWAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rakesh Shukla - Advocate for the applicant.
Shri Sunit Kapoor GA for the State.
Ms. Deepti Nema, learned counsel for the respondent [COMP].
ORDER
1. This first application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No. 110 of
2025 registered at Police Station - Malawar, District - Rajgarh (M.P.) for
offence punishable under Sections 137(2), 87, 64(1), 64(4), 62(2)(m), 65(1)
of BNS, 2023 and Section 5L/6 of POCSO Act, 2012. Applicant is in
judicial custody since 10/08/2025
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence. No offence, as alleged, is committed by the applicant.
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Learned counsel referring to the evidence of victim [PW-1] and her parents
[PW-2] and [PW-3] submits that the victim and her parents did not support
the prosecution. They have exonerated the applicant of the alleged offence,
rather, stated that the victim was aged around 19 years at the time, when she
left her parental home. The material prosecution witness has been examined.
There is no likelihood of tempering with remaining evidence by the
applicant. The determination of age during investigation is doubtful in view
of the evidence of victim and her parents. Applicant has clean past, with
family roots. There is no history of evading process of law. Jail incarceration
is causing hardship to the young applicant and his family. Applicant is ready
to cooperate in trial.
5. Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. However, after going through the
case diary, he fairly states that no criminal antecedent is reported against the
applicant. Applicant is aged around 20 years and is agriculturist by
profession.
6. Learned counsel for the objector pleads no objection for grant of
bail to the applicant.
7. As per the accusation on case diary, applicant aged around 20
years kidnapped the minor victim aged around 14 years, 11 months and 5
days and subjected her to penetrative sexual relations. The victim (PW1) and
her parents [PW-2] and [PW-3} have been examined before the trial Court
. The trial would take time to conclude. The contentions advanced by the
applicant have prima-facie merit and cannot be dismissed as manifestly
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baseless. The veracity of prosecution, age of the victim and complicity of the
applicant in the alleged offence will be determined after evidence in the trial.
8. As informed, the applicant is still dependent on family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any criminal antecedent, considering the socio-
economic status of the applicant, there appears to be no likelihood of
recidivism or tampering with evidence or influencing the remaining
witnesses by the applicant. There appears to be no compelling reason to
continue incarceration of the young applicant. However, the observations,
herein-above, are recorded for present application only.
9. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
10. Accordingly, it is directed that applicant - Pawan S/o Sugan
Singh shall be released on bail in connection with the Crime as mentioned in
first paragraph of this order, upon furnishing a personal bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of
the same amount to the satisfaction of the Trial Court, for compliance with
the following conditions :(For convenience of understanding by accused and
surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed
by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or
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promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन,
धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को
कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023
regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
11. This order shall be effective till the end of trial. However, in case
of breach of any of the preconditions of bail, the Trial Court may consider,
on merit, cancellation of bail without any impediment of this order.
12. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he/she had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
