[Cites 3, Cited by 0]
Madhya Pradesh High Court
Hariom vs The State Of Madhya Pradesh on 20 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:5306
1 MCRC-6836-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 20th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6836 of 2026
HARIOM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Akhilesh Kumar Choudhary advocate for applicant.
Shri Bhaskar Agrawal public prosecutor for State.
Shri Dwarka Prasad Shukla advocate for objector.
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.592 of
2025, registered at Police Station - Bilpank, District Ratlam (M.P.) for
offence punishable under Sections 137(2), 64(2)(m) of BNS, 2023 and
Section 5l, 6 of POCSO Act. Applicant is in judicial custody since
6.11.2025.
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 under pressure of family members of the victim . It is a
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case of romantic relationship between teenagers. No offence, as alleged, is
committed by the applicant. Learned counsel referring to the statement of
victim recorded under Section 183 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 submits that the victim had left her parental home at her own
and went with the applicant to Badnawar and Manmaad. They stayed in a
hut. There is no allegation of instigation, enticement, compulsion or force
against the applicant. The DNA report does not substantiate accusation of
sexual assault. The final report has been submitted on completion of
investigation. Applicant has clean past with family roots. There is no
likelihood of tampering with the evidence by the applicant. Jail incarceration
is causing hardship to the applicant. Applicant is ready to cooperate in the
trial. The alleged offence is not heinous or brutal in nature affecting society
at large.
5 . Per contra, learned counsel for the respondent opposes the bail
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. The applicant is aged around 18 years. He is a labourer
by profession.
6. According to the material available on case diary, the applicant,
aged around 18 years, kidnapped the minor victim aged around 15 years and
6 months and subjected her to penetrative sexual assault. Prima-facie, the
element of inducement, enticement, compulsion or force to leave her
parental home is missing in the statement of victim recorded under sections
183 of BNSS, 2023. The final report has been submitted on completion of
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investigation. The trial would take time to conclude. The contentions
advanced by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The veracity of prosecution, complicity of applicant and
age of victim will be determined after evidence in the trial.
7. As informed, applicant is still dependent on the 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 tampering with evidence
or influencing the 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.
8. 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 young applicant on bail. Thus, the
application is allowed.
9. Accordingly, it is directed that applicant-Hariom shall be released
on bail in connection with 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 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 ।
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4 MCRC-6836-2026
(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
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 भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का
उिचत अनुपालन सुिन त करे गा
10. 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 from this order.
11. 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 had explained
the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
