Ajju Kori vs The State Of Madhya Pradesh
2026 Latest Caselaw 861 MP

Citation : 2026 Latest Caselaw 861 MP
Judgement Date : 29 January, 2026

[Cites 2, Cited by 0]

Madhya Pradesh High Court

Ajju Kori vs The State Of Madhya Pradesh on 29 January, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

         NEUTRAL CITATION NO. 2026:MPHC-GWL:3718




                                                                1                           MCRC-4708-2026
                                 IN     THE      HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                           BEFORE
                                         HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                    ON THE 29th OF JANUARY, 2026
                                               MISC. CRIMINAL CASE No. 4708 of 2026
                                                        AJJU KORI
                                                          Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                      Ms. Jini Singh Rajput, Advocate for the petitioner through VC.

                                      Shri Mohit Shivhare Ga appearing on behalf of Advocate General[r-
                           1].

                                                                    ORDER

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 19.11.2025 by Police Station- Dehat, District Ashoknagar in connection with Crime No.527/2025, registered in relation to the offence punishable under Sections 137 (2), 64 (2) (M), 96 of BNS and section 5L/6 of POCSO Act.

As per the case of the prosecution, the allegation against the present applicant is that he committed rape upon the prosecutrix, who is aged 20 years. On the basis of such allegation, the above crime was registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. The prosecutrix had left her house on her own will. Learned counsel for the

NEUTRAL CITATION NO. 2026:MPHC-GWL:3718

2 MCRC-4708-2026 applicant further submits that the present applicant was having affair with the prosecutrix, and they liked each other. Trial will take time for its conclusion. The applicant is permanent resident of District Ashoknagar and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Having heard learned counsel for the parties and upon perusal of the case diary as well as material available on record it is borne out from the record that there was no element of force, coercion, threat, or deceit in the

matter. The present applicant was having affair with the prosecutrix and the prosecutrix appears to be of sufficient maturity to understand the consequences of her actions. The essential ingredients of Section 137(2) of the Bharatiya Nyaya Sanhita, prima facie, are not satisfied inasmuch as no wrongful intention or enticement on the part of the applicant is evident, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on 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

NEUTRAL CITATION NO. 2026:MPHC-GWL:3718

3 MCRC-4708-2026 of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;