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Madhya Pradesh High Court
Abhishek Bhumiya vs The State Of Madhya Pradesh on 10 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:11657
1 MCRC-4002-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 10 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4002 of 2026
ABHISHEK BHUMIYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ravi Prakash Dwivedi - Advocate for the applicant.
Shri Vivek Kumar Pandey - Advocate for the complainant/objector.
Shri Himanshu Tiwari - Panel Lawyer for the respondent/State.
ORDER
This is first application filed by the applicant under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to
FIR/Crime No.329/2025 registered at Police Station - Khitola District - Jabalpur
for the offence punishable under Sections 137(2), 64 (1), 83, 87, 127(2) of BNS
and 3,4, 5(j)(ii), 5(L)/6 POCSO Act.
2. As per prosecution story, on 22.10.2025, mother of the prosecutrix
lodged a report alleging that her daughter aged 17 years and six months had left
the home and had not returned. On the basis of aforesaid complaint, present case
has been registered against the applicant.
3. The counsel for the applicant contends that the applicant is innocent
and has been falsely implicated in the case. It is submitted by counsel for the
applicant that there is a love affair between the applicant and the prosecutrix. It is
further submitted that the age of the prosecutrix is more than 17 years and the
applicant and prosecutrix resided together for about six months and due to their
NEUTRAL CITATION NO. 2026:MPHC-JBP:11657
2 MCRC-4002-2026
relationship, she gave birth to a baby girl. It is further submitted that in view of the
subsequent development, the parties have amicably settled the dispute looking to
the future of the baby girl. The mother of the prosecutrix has also filed an affidavit
by saying that she has no objection if bail is granted to the present applicant as
they are interested in performing marriage with the applicant. Counsel for the
applicant further submitted that father of the applicant has also executed an
affidavit by saying that they will make all endevour to solemnized the marriage of
the prosecutrix with the present applicant in near future, if applicant is released on
bail. Trial will take considerable time to conclude, therefore, the applicant be
released on bail.
4. Learned counsel for the State has opposed the prayer for bail.
5. Heard the submissions and perused the case diary.
6. Considering the peculiar facts and circumstances of the case, though the
provision of POCSO Act is involved in the present case and the court is normally
not exercise its discretion in such matters. There is a love affair between the
applicant and prosecutrix and they both have stayed together for a period of six
months and prosecutrix has also given birth to a baby girl. Mother of the
prosecutrix has filed an affidavit to the effect that the complainant has no
objection, if the bail is granted to the applicant. Father of the applicant has also
filed an affidavit to the effect that they will do the needful in the matter to
solemize the marriage of the applicant/accused with the prosecutrix. The affidavits
are taken on record. Considering the future of the applicant as well as prosecutrix
and a baby girl, looking to the age of the present applicant and considering the
observations of the Hon'ble Apex Court in the resent judgment in the case of State
of U.P. Vs. Anirudh and another [2026 SCC OnLine SC 40] , whereby the Court
has observed regarding such relationship which can be considered as Romeo and
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Juliet relationship. Considering these aspects and considering it as exceptional
case and the principle 'bail is the rule, jail is the exception' as well as Article 21 of
the Constitution of India, but without expressing any view on the merits of the
case, I deem it a fit case to release the applicant on bail. Therefore, the application
is allowed.
7 . It is directed that applicant be released on bail on his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one
solvent surety in the like amount to the satisfaction of the trial Court, for his
regular appearance before the trial Court during trial with a condition that he shall
remain present before the concerned Court on all the dates fixed by it during trial.
He shall abide by all the conditions enumerated under Section 480(3) of BNSS,
2023.
8. This order shall be effective till the end of the trial. However, in case of
bail jump and breach of any of the conditions of bail, it shall become ineffective.
9. Certified copy as per rules.
(SANDEEP N. BHATT)
JUDGE
b
