Citation : 2026 Latest Caselaw 1949 MP
Judgement Date : 24 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:15719
1 MCRC-4574-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 24th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4574 of 2026
SANDEEP @ CHHOTU
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
Appearance:
Shri Akhilesh Kumar Prajapati - Advocate and Shri Rambachan Sahu -
Advocate for the applicant.
Ms. Shikha Baghel - Panel Lawyer for the respondent/State.
Shri Satish Kumar - Advocate for respondent No.2/objector.
ORDER
This is the first application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail relating to FIR/Crime No.316/2025 registered at Police Station Badera, District Maihar, for the offence punishable under Sections 363, 366, 376(2)
(n), 376(2)(cha) of the Indian Penal Code, Section 78 of the Bharatiya Nyaya
Sanhita, 2023 and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. The applicant is in jail since 11.12.2025.
2. Learned counsel for the applicant has submitted that the applicant and the victim were known to each other, there was love affair between them and on that, physical relations were established. The FIR was lodged on 10.01.2025 in respect of an incident alleged to have taken place in the year
NEUTRAL CITATION NO. 2026:MPHC-JBP:15719
2 MCRC-4574-2026 2024 and at the relevant time, the victim was a major. The victim, in her statement recorded under Section 183 of the BNSS, has stated that that on her consent, physical relations were established in a hotel situated at Satna. She has further stated that she and applicant have solemnized the marriage and being annoyed with that, her family members have lodged the FIR against the applicant.
3. Learned counsel for the applicant has further submitted that at present the applicant is aged about 19 years and if the case is taken back for the purpose of calculation of the victim's age, then the age of the applicant should also be calculated on that basis. According to him, the applicant is innocent and has falsely been implicated in the case. Trial will take time to be concluded, hence, the applicant be enlarged on bail.
4. Learned counsel appearing on behalf of the respondent/objector has submitted that he has no objection, if the applicant is enlarged on bail.
5. Learned counsel for the respondent/State has opposed the bail application and submitted that no case of bail is made out.
6. Heard the parties and perused the case diary.
7. From the contents of the case diary, it is clear that the applicant and victim were known to each other and they were of the same age group. The victim, in her statement recorded under Section 183 of the BNSS, has clearly stated that on her consent, physical relations were established between her and applicant.
8. Considering the aforesaid factual aspects of the case, coupled with the fact that trial will take time to be concluded, this Court deems it
NEUTRAL CITATION NO. 2026:MPHC-JBP:15719
3 MCRC-4574-2026 appropriate to enlarge the applicant on bail. Thus, without commenting anything on the merits of the case, the application is allowed.
9. It is directed that applicant shall 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 of the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during pendency of trial.
10. It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.
11. Accordingly, Misc. Criminal Case stands disposed of. Certified copy as per rules.
(DEVNARAYAN MISHRA) JUDGE
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