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Madhya Pradesh High Court
Gita Bai vs The State Of Madhya Pradesh on 23 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10028
1 MCRC-11962-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 23 rd OF MARCH, 2026
MISC. CRIMINAL CASE No. 11962 of 2026
GITA BAI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anshu Gupta - Advocate for the applicant.
Shri Dinesh Savita - Public Prosecutor for the respondent/State.
ORDER
This is first application filed by the applicant under Section 483 of the
B.N.S.S. for grant of bail. The applicant has been arrested in connection with
Crime No.417/25 registered at Police Station -Mungawali, District - Ashoknagar
(M.P.) for the offence under Sections 64(1) of BNS and Section 5(J)(2)/6 of
POCSO Act and Section 9/10 of POCM Act 2006.
2. As per the prosecution case, it is revealed that the prosecutrix/victim was
married to the accused Kattar during her childhood and the accused Kattar made
the prosecutrix pregnant. After the birth of the first child and at the time of birth of
the second child, the hospital informed the Police Station about the matter. Based
on this, a Zero FIR bearing number 0001/25 dated 07.10.2025 was registered at
Lashkar Police Station Mysuru District and a letter was sent to the Additional
District and Sessions Court, Mysuru for necessary action in this regard.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in this case. The applicant is in custody since
18.02.2026. The applicant is the mother-in-law of the prosecutrix. The allegation
NEUTRAL CITATION NO. 2026:MPHC-GWL:10028
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against the present applicant is that she performed the marriage of his son with the
prosecutrix who is a minor. Investigation has almost completed and charge-sheet
has been filed, therefore, there is no requirement of custodial interrogation is
required. The applicant is permanent resident of District Ashoknagar (M.P.),
therefore, there is no likelihood of her absconding or tampering with the
prosecution evidence. It is further submitted that applicant is ready and willing to
abide by all the terms and conditions imposed by this Court. Conclusion of the
trial will take sufficiently long time. Hence, prayed for grant of regular bail to the
applicant.
4. Learned counsel for the State has vehemently opposed the prayer and
prayed for its rejection.
5. Heard learned counsel for the rival parties and perused the case diary.
6. Considering the above submissions made by the counsel for the parties
and looking to the facts and circumstances of the case and the nature of offence,
but 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) along with
one solvent surety in the like amount to the satisfaction of the Trial Court.
7. This order will remain operative subject to compliance of the following
conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the bond
executed by him/her;
ii) The applicant will cooperate in the investigation /trial, as the case may
be;
iii) The applicant will not indulge himself/herself in extending inducement,
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threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such acts to the Court or to the Police Officer,
as the case may be;
iv) The applicant will not commit any other offence or will not repeat the
offence in future.
vi) The applicant will not seek unnecessary adjournments during the trial;
and
vii) The applicant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
8. Application is allowed and disposed of.
9. E- copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
mani
