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Madhya Pradesh High Court
Aklesh Kumar Kashi vs The State Of Madhya Pradesh on 27 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:17202
1 MCRC-8572-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 27th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 8572 of 2026
AKLESH KUMAR KASHI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manoj Kumar Rajak - Advocate for the applicant.
Shri Manoj Singh - Panel Lawyer for the State.
ORDER
This is the second bail application filed by the applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita , 2023/ 439 of Code of Criminal
Procedure for grant of regular bail relating to FIR/Crime No.515/2024
registered at Police Station - Mada, District - Singrauli (M.P.) for the offence
punishable under Sections 64(1), 64(2)(m) and 351(3) of the BNS and
Sections 3/4(1) and 5L/6, 5(j)(11)/6 of the POCSO Act and Sections 3(2)(v)
and 3(1)(w)(ii) of SC/ST Act. The applicant is in custody since 14.09.2024.
Applicant's first bail application i.e. M.Cr.C. No.40569 of 2025 was
dismissed as withdrawn with liberty to repeat the bail application after
recording of statements of parents and school teacher of the victim vide
order dated 07.1.2025.
2. Learned counsel for the applicant has submitted that the victim was
major at the time of offence and it is proved from the statement of the victim
NEUTRAL CITATION NO. 2026:MPHC-JBP:17202
2 MCRC-8572-2026
and her parents, particularly in para -6 of his father's deposition. Learned
counsel for the applicant has further submitted that the victim was the
consenting party. Both were knowing each other. There was proposal of the
marriage and both the parties were ready to marry with each other and the
family members were also ready but due to the reason that the applicant was
not of their caste, due to social pressure of caste and society, the marriage
could not be solemnized. The victim's father has also admitted that being the
different caste, he was socially boycotted. It has been also stated that he had
not seen that the accused person sexually assaulted the victim and only saw
the applicant along with the victim. FIR is delay by five days and on that
basis, learned counsel for the applicant has submitted that it is a case of
consent and physical relations between two major persons. Trial will take
time to be concluded, hence, the applicant is entitled to be released on bail.
3. Learned counsel for the State has opposed the bail application and
has submitted that the victim was minor at the time of offence as per the
school record. DNA report is positive and from the physical relation, the
victim became pregnant and the victim has clearly stated that she was not the
consenting party, thus, the Court is bound to consider her statement,
therefore, no case of bail is made out, hence, the applicant is not entitled to
be released on bail.
4. Heard the parties and perused the case diary.
5. Looking to the factual aspects, delay in FIR and age as stated by the
victim and her parents and no birth certificate of victim was submitted along
with the school record. Both were in the love affair and talks of marriage
NEUTRAL CITATION NO. 2026:MPHC-JBP:17202
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were in progress but the applicant and the victim were of different caste, so
the marriage could not be solemnized, coupled with the fact that trial will
take time to be concluded, this Court deems it appropriate to enlarge the
applicant on bail, therefore, without commenting anything on the merits of
the case, this bail application is allowed.
6. It is directed that the applicant shall be released on bail on his
furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one surety in 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 the pendency of trial.
7. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
8. Accordingly, Misc. Criminal Case stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
DPS
