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Madhya Pradesh High Court
Aman Prajapati vs The State Of Madhya Pradesh on 25 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:16528
1 MCRC-5758-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 25th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5758 of 2026
AMAN PRAJAPATI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sukh Nandan Pandey - Advocate for the applicant.
Ms. Sonali Shrivastava, learned counsel for the respondent No.2.
Shri Aditya Gupta, P.L. for 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.367/2025 registered at Police Station - Khamariya District -
Jabalpur for the offence punishable under Sections 9/10 of PCM Act, section
64(2)(M), 3(5) of BNS and 5(L), 5(i)(ii)/6 of POCSO Act and section 3(1)
(w)(i), 3(2)(v), 3(1)(w)(ii) of SC/ST Act. Applicant is in detention since
04.01.2026.
2. As per prosecution story, on 26.06.2024, prosecutrix lodged a report
stating that she knew the applicant. They were in love affairs. Both got
married and were living together. She is carrying 09 months pregnancy. On
01.12.2025, she cam to District hospital Narsinghpur for delivery then on the
basis of statement of the doctor of district hospital a case against the
NEUTRAL CITATION NO. 2026:MPHC-JBP:16528
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applicant was registered as prosecutrix was minor.
3. Pursuant to order dated 11.02.2026 passed by this court, today counsel
for the applicant submits that he has already tendered copy of the affidavit
which is filed by brother-in-law of the applicant and father of the victim,
whereby, it is stated that if the applicant is released on bail for marriage with
the victim as per their custom and rituals as they are from Scheduled Tribe
community and if interest of victim is protected then they have no objection.
4. Learned counsel for the State submits that applicant and victim both are
of tender age, however, the material available on record, prima facie,
indicates involvement of the applicant in the crime in question and the court
may consider the same after considering the totality of the facts and
circumstances of the case.
5. I have considered the submissions made at the Bar. From the record it
transpires that victim conceived pregnancy and has delivered a boy baby who
is more than six months. It also transpires that applicant and victim both are
of tender age. Considering the fact that they have lived together for two
years and thereafter victim has conceived pregnancy and delivered boy baby
and the fact that applicant and his parents and victim and her parents are
ready to perform their marriage as such marriages are allowed and
recognized in their community as per their customs and rituals and; keeping
in view the larger interest of boy baby and the victim, considering the
affidavits filed by the parties, prima facie, I am of the view that discretion
should be exercised to release the applicant on bail as further incarceration of
the applicant will create difficulty for the applicant, victim and their family
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members and 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
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.
6 . 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.
7 . 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.
8. Certified copy as per rules.
(SANDEEP N. BHATT)
JUDGE
MKL
