Lokesh @ Ajay Verma vs The State Of Madhya Pradesh on 2 January, 2026

           NEUTRAL CITATION NO. 2026:MPHC-JBP:19




                                                               1                        MCRC-53014-2025
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                                ON THE 2 nd OF JANUARY, 2026
                                          MISC. CRIMINAL CASE No. 53014 of 2025
                                              LOKESH @ AJAY VERMA
                                                     Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                            Shri P.C. Paliwal - Advocate for applicant.
                            Shri Sunil Rao - Panel Lawyer for respondent/State.

                                                                   ORDER

This is first application filed by the applicant under Section 483 of BNSS /439 of Cr.P.C., for grant of bail relating to FIR/Crime No.718/2025, registered at Police Station Amarwara, District Chhindwara (M.P.) for the offence punishable under Sections 137(2), 74, 75(1), 76, 351(3), 3(5), 64(2)

(f) & 65(1) of BNS and Sections 7/8, 11/12, 5(n)(g) and 3/4 of POCSO Act.

2. The allegation levelled against the present applicant is that he along with the co-accused has committed rape with the prosecutrix, who is a minor.

3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He is only 19 years old and the DNA report received by the prosecution is also found negative in respect of the present applicant. The prosecutrix was though stated to be less than 16 years of age but in respect of her age, no cogent evidence has been adduced by the prosecution. She is a major lady and, therefore, no case is made out under POCSO Act. The present applicant is in custody since

NEUTRAL CITATION NO. 2026:MPHC-JBP:19

2 MCRC-53014-2025 21.09.2025. He has no criminal history. He is ready and willing to abide by any condition which may be imposed by the Court. Conclusion of trial will take considerable time. In support of his submissions, learned counsel for the applicant has relied upon the judgments of Division Benches of this Court reported in 2025 (I) MPJR 42 (Ram Swaroop Vs. State of M.P.) and CRA No.7691 of 2025 (Manish @ Punni Kol Vs. The State of Madhya Pradesh), and prayed for allowing the bail application and to enlarge the present applicant on bail.

4 . Per contra, learned counsel for the State has vehemently opposed the bail application on the ground that the prosecution has adduced the school certificate, scholar register along with the mark-sheet of High School

(10+2) in respect of the age of the prosecutrix, and these documents are beyond reasonable doubt at this stage. Though the DNA report is negative but the prosecutrix has categorically supported the story of prosecution in her police statement and also in the statement recorded under Section 183 of BNSS, 2023. The present applicant is the main accused, who has committed rape with the prosecutrix. Therefore, at this stage, he is not entitled to get the benefit of bail.

5. Heard learned counsel for the parties and perused the case diary.

6. In case of Manish @ Punni Kol (supra), the Division Bench of this Court on the basis of evidence has found that there is no cogent evidence in respect of the age of the prosecutrix. In case of Ram Swaroop (supra), the Division Bench has held that the school register is relevant and admissible in evidence as far as determination of age the prosecutrix is concerned and in

NEUTRAL CITATION NO. 2026:MPHC-JBP:19

3 MCRC-53014-2025 that case, it is found that the learned trial Court has rightly believed the school register to determine the age of the prosecutrix. Here is the case of regular bail and keeping in view the material collected by the prosecution in respect of the age of the prosecutrix as well as keeping in view the statement of the prosecutrix recorded by the police and the statement recorded under Section 183 of BNSS, 2023 coupled with other material, in the considered opinion of this Court, at this stage, the present applicant is not entitled to be released on bail.

7. Accordingly, without commenting anything on the merits of the case, this bail application is dismissed.

(RAJENDRA KUMAR VANI) V. JUDGE

ac/-