[Cites 3, Cited by 0]
Madhya Pradesh High Court
Aditya vs The State Of Madhya Pradesh on 11 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6519
1 MCRC-9579-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 9579 of 2026
ADITYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tarun Kushwah, Advocate for the applicant.
Shri Romil Verma. Govt. Advocate for the respondent/State.
ORDER
Learned counsel for the State submits that victim has duly been
informed about filing of the bail application.
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.465/2025
registered at Police Station - Industrial Area, Ratlam, District - Ratlam(M.P.)
for offence punishable under Sections 137(2), 64(2)(m) of BNS, 2023 and
Section 5L/6 of POCSO Act. Applicant is in judicial custody since
08.02.2026.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant is falsely implicated
NEUTRAL CITATION NO. 2026:MPHC-IND:6519
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in the alleged offence under the pressure of family members of the victim. It
is a case of romantic relationship between adolescents. Learned counsel
referring to the statement of victim recorded under Section 183 of BNSS,
2023 contends that she had liking for the applicant, but her parents were
against their relationship therefore, she left her parental home and went to
Jaora with applicant Aditya on his motorcycle. Thereafter, the applicant took
her to Bhilwara(Rajasthan) by bus. They stayed at Bhilwara for 08 months.
She did not allege any misdeed, inducement, compulsion or force against the
applicant. The determination of age of the victim during investigation is
doubtful. The final report is filed on completion of investigation. The
applicant has clean past with family roots. There is no history of evading
process of law. There is no likelihood of tampering with evidence by the
applicant for the reason that he is a labourer and is not capable of influencing
the prosecution witnesses. Jail incarceration is causing hardship to the young
applicant and his family. Applicant is ready to cooperate in the trial.
Per contra, learned counsel for the respondent/State opposes the bail
application on the ground of gravity of alleged offence. However, after going
through the case diary, he fairly states that no criminal antecedent is reported
against the applicant. The applicant is aged 19 years and is a labourer by
profession.
According to the material available on case diary, applicant Aditya, aged
around 19 years, kidnapped the minor victim aged around 17 years and 04
months and subjected her to penetrative sexual assault. Prima facie, the
element of enticement, force or compulsion by the applicant is missing in her
NEUTRAL CITATION NO. 2026:MPHC-IND:6519
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statement. The final report has been submitted on completion of
investigation. The trial would take time to conclude. The contentions
advanced by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The veracity of prosecution, complicity of applicant and
age of victim will be determined after evidence in the trial.
As informed, the applicant is still dependent on the family and survives on
occasional labour work. Considering these aspects, there appears to be no
possibility of fleeing from justice. In absence of any criminal antecedent,
considering the socio-economic status of the applicant, there appears to be
no likelihood of recidivism or tampering with evidence or influencing the
witnesses by the applicant. There appears to be no compelling reason to
continue incarceration of the young applicant. However, the observations,
herein-above, are recorded for present application only.
Considering the rival contentions and overall circumstances of the case, in
the light of aforestated facts, but without commenting on the merits, this
Court is inclined to release the young applicant on bail. Thus, the application
is allowed.
Accordingly, it is directed that applicant-Aditya shall be released on bail
in connection with Crime, as mentioned in first paragraph of this order, upon
furnishing a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five
Thousand only) with one surety of the same amount to the satisfaction of the
trial Court, for compliance with the following conditions : (For
convenience of understanding by accused and surety, the conditions of bail
are also reproduced in Hindi as under):-
NEUTRAL CITATION NO. 2026:MPHC-IND:6519
4 MCRC-9579-2026
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned
court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such
facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या
वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से
िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of
Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in
attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा
This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
The trial Court shall get these conditions reproduced on the personal bond
by the accused and on surety bond by the surety concerned. If any of them is
unable to write, the scribe shall certify that he had explained the conditions
to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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