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Madhya Pradesh High Court
Ashish Singh Thakur vs The State Of Madhya Pradesh on 25 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:16119
1 MCRC-8099-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 25 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 8099 of 2026
ASHISH SINGH THAKUR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Atul Jeswani - Advocate for the applicant.
Shri Akshay Jha - Advocate for the respondent No.2/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.183/2025 registered at Police Station - Lordganj District - Jabalpur
for the offence punishable under Sections 137(2), 64(1), 64(2)(m) of BNS and
5(L), 6 of POCSO Act. Applicant is in detention since 21.12.2025.
2. As per prosecution story, mother of the prosecutrix lodged a missing report
alleging that her daughter since 25.03.2025 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
applicant is 21 years of young boy. It is further submitted that there is a love affair
between the applicant and the victim and on insistence of victim, the applicant has
taken her with him and they both stayed together for six months. It is submitted
NEUTRAL CITATION NO. 2026:MPHC-JBP:16119
2 MCRC-8099-2026
that now the victim is aged 18 years and six months. He has further submitted that
now the complainant who is mother of the victim has also filed an affidavit that
she has no objection for granting bail to the applicant as the applicant is willing to
marry with the victim and there is no objection also. 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 and submitted
that he has verified the affidavit of the complainant. It is found that Priti Thakur's
original name is Asha Thakur and being step mother of the victim, has filed the
affidavit. She is present before the Court and has submitted that she has no
objection if bail is granted to the applicant. Therefore, counsel for the State has
submitted that though there is serious allegation against the applicant, the Court
may consider the application appropriately by considering the objection of the
State.
5. I have learned learned counsel for the parties and perused the case diary.
6. Considering the rival submission and considering the fact that now applicant
and victim both are ready to marry with each other and now victim is also aged 18
years and six months, the mother has also filed an affidavit who is complainant
that she has no objection and considering the age of the parties and considering the
nature of allegation, more particularly considering the fact that the applicant and
victim had stayed together for more than six months at the time of incident. In
view of this, no fruitful purpose would be served to keep the present applicant
behind bars, otherwise also considering the observation made in the judgment of
Apex court 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
NEUTRAL CITATION NO. 2026:MPHC-JBP:16119
3 MCRC-8099-2026
Juliet relationship. Considering these aspects and considering 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 and
shall co-operate in 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 today.
(SANDEEP N. BHATT)
JUDGE
b
