Pooran Adiwasi vs State Of Madhya Pradesh And Others

Vishal Mishra, J

This is the first bail application under Section 483 of B.N.S.S. filed by the applicant for grant of regular bail.

The applicant has been arrested on 20.04.2026 by Police Station-Udaipur, District Raisen in connection with Crime No.215/2024 for the offence punishable under Sections 363, 366, 376(2) of IPC and section 5L/6 of the POCSO Act.

As per prosecution case, the allegation against the applicant is that he has abducted minor girl from the lawful custody of her parents. Thereafter the applicant has committed sexual intercourse with her. The police have registered against the applicant under sections as stated above.

It is submitted by counsel for the applicant that applicant has falsely been implicated in the case and he has not committed any offence. There is no criminal past against the present applicant and he is the first offender. It is further submitted that charge-sheet has been filed in the matter. The applicant is in custody since 20.04.2026. He is ready to abide by all the terms and conditions that may be imposed while considering the bail application of the applicant. Under these circumstances, it is prayed that the applicant be released on bail.

Per contra, learned counsel for State has vehemently opposed the application, but however, the applicant being the first offender as per the case diary is not disputed and he also does dispute the statement of the victim recorded under Section 183 of BNSS/164 of Cr.P.C. that the victim was living with the present applicant.

On perusal of the case diary, it is revealed that the in the statement of the victim under Section 164 of Cr.P.C., it is recorded that she was living with the present applicant and the marriage has been solemnised between them in Narmada Mandir and thereafter, she went to Maharashtra. During the intervening period, they had intercourse and out of which, a son was born. It is also mentioned that she is carrying a pregnancy of two months once again.

Considering the overall facts and circumstances of the case and the fact that he is the first offender, he has no criminal past and he is in custody since 22.04.2026, without commenting anything upon the merits of the case, this Court deems it appropriate to allow this application.

Accordingly, the application is allowed subject to verification of the fact that the applicant is the first offender. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court. It is directed that the applicant shall comply with conditions as enumerated under Section 480 (3) of BNSS.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the preconditions of bail, it shall become ineffective and cancelled without reference to this Bench.

Accordingly, the application stands allowed. Certified copy as per rules.