Nandu Bhilala vs State Of Madhya Pradesh And Others

Deepak Khot, J

It has been informed by the learned Public Prosecutor that notice to Victim A/respondent no.2 has already been served through concerned Police Station.

This is the first bail application filed by the applicant under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for brevity, 'BNSS') for grant of regular bail relating to FIR/Crime No.140/2025, registered at Police Station Nimbola, District Burhanpur, for the offence punishable under Sections 137(2), 64(2)(f), 64(2)(m) & 74 of Bhartiya Nyaya Sanhita, 2023 and Sections 5(N)/6, 5(L)/6, 5(j)(ii) & 7/8 of POCSO Act, 2012. The applicant is in custody since 29.05.2025.

Prosecution story, in brief, is that a missing report was lodged by the father of the complainant on 18.04.2025 that her daughter (victim) is missing since 08.04.2025. During investigation, the victim was recovered from the possession of the applicant on 29.05.2025 and on this basis, offence on the aforesaid sections has been registered against the present applicant.

It is contended by learned counsel for the applicant that in the statement of the victim recorded under Section 183 BNSS, she has stated that the victim and the applicant were in love relationship and they eloped from their village to different cities and from there the applicant himself has called his father and informed their location and thereafter, the victim has been recovered and the applicant has been arrested. It is also stated that the victim voluntarily eloped with the applicant and therefore, no forceful act has been alleged against the present applicant. It is further submitted that the material witnesses i.e., the victim and her parents have been examined before the trial Court and they all have turned hostile. It is submitted that the victim has categorically stated in her statement recorded under Section 183 BNSS that she has solemnized marriage with the applicant and prior to her marriage, she has not made any physical relation with the applicant. On the basis of the aforesaid, it is prayed that the present applicant be enlarged on bail.

Per contra, learned Government Advocate, though has submitted that the matter appears to be of consent but has opposed the bail application on the ground that the prosecutrix is a minor aged about 16 years and 03 months and DNA has been found to be positive.

Considering the facts of the case and the statement of the prosecutrix recorded under Section 183 of BNSS, it is apparent that the applicant and the victim were in love relationship. However, all the material witnesses have turned hostile in the trial. The co-ordinate Benches of this Court, in the matters where DNA is found to be positive but the victim has stated that physical relationship has been developed on account of love, has granted bail to the accused in M.Cr.C. No.39058/2024 (Sunil vs. The State of Madhya Pradesh and Ors.) and also in M.Cr.C. No.4393/2025 (Rampal Verma vs. The State of Madhya Pradesh and Ors.). Accordingly, taking guidance from the orders passed by the co-ordinate Benches of this Court, this Court also deems it appropriate to allow the bail application. Therefore, without commenting on the merits of the case, the bail application is allowed.

It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh 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.

It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.

Accordingly, the Misc. Criminal Case stands disposed of. Certified copy, as per rules.