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Madhya Pradesh High Court
Gagan Bohayar vs The State Of Madhya Pradesh on 11 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:19269
1 MCRC-8202-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 8202 of 2026
GAGAN BOHAYAR
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
Appearance:
Shri Vishal Vincent Rajendra Daniel - Advocate for the applicant.
Shri Naveen Thakur - Government Advocate for the respondent/State.
ORDER
This is the second application filed by the applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail
relating to FIR/Crime No.607/2025 registered at Police Station Barghat,
District Seoni, for the offence punishable under Sections 65(1), 88, 3(5) of
the Bharatiya Nyaya Sanhita, 2023; Sections 3/4, 5(j)(ii)/6 of the Protection
of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(i), 3(2)(v)
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989. The applicant is in jail since 02.12.2025.
2. The applicant's earlier bail application was dismissed vide order
dated 13.02.2026 passed in M.Cr.C. No.7064 of 2026.
3. Learned counsel for the applicant has submitted that the victim and
her mother have been examined and from their statements, it is clear that at
the time of commission of offence, the victim was a major. The FIR was
NEUTRAL CITATION NO. 2026:MPHC-JBP:19269
2 MCRC-8202-2026
lodged after a delay of three and a half months of alleged incident. The
victim and her mother, in their statements, have clearly stated that the
victim's date of birth is 25.02.2006. The prosecution failed to submit any
substantial document to prove the age of the victim. Though, a mark-sheet of
seventh standard of victim has been submitted, but no birth certificate, school
admission register or scholar register has been submitted.
4. Learned counsel for the applicant has further submitted that as per
the DNA report, applicant's Y-Chromosome was found in the undergarment
of the victim, but surprisingly, the medical was done and the FIR was lodged
after a delay of three and a half moths of alleged incident. It is submitted that
the applicant is innocent and has falsely been implicated in the case. Trial
will take time to be concluded, hence, the applicant be enlarged on bail.
5. Learned counsel for the respondent/State has opposed the bail
application and has submitted that at the time of commission of offence, the
victim was below 16 years. The applicant not only sexually assaulted the
victim, but also gave some medicines to her for abortion and after consuming
the medicine, the victim became seriously ill and during her treatment, she
disclosed the whole story. Looking to the nature of crime, no case of bail is
made out in favour of the applicant.
6. Heard the parties and perused the case diary.
7. From the material available on record, it is clear that the applicant
and victim were in love affair. The FIR was lodged after a delay of three and
a half months that too when the victim became seriously ill.
8. Considering the aforesaid factual aspects of the case, the statements
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of victim and her mother, coupled with the fact that trial will take time to be
concluded, this Court deems it appropriate to enlarge the applicant on bail.
Thus, without commenting anything on the merits of the case, the application
is allowed.
9. It is directed that applicant shall 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 of 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 pendency of
trial.
10. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
11. Accordingly, Misc. Criminal Case stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
dm
