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CDJ 2026 MPHC 001 print Preview print Next print
Court : High Court of Madhya Pradesh (Bench at Indore)
Case No : MISC. Criminal Case No. 60367 of 2025
Judges: THE HONOURABLE MR. JUSTICE RAJESH KUMAR GUPTA
Parties : Ravi @ Ravin Versus The State Of Madhya Pradesh & Others
Appearing Advocates : For the Applicant: Anopam Chouhan, Advocate. For the Respondents: Viraj Godha, Government Advocate.
Date of Judgment : 31-12-2025
Head Note :-
BNSS, 2023 - Section 483 -

Comparative Citation:
2025 MPHC-IND 38010,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 483 of BNSS, 2023
- Sections 137(2), 142, 127(4), 64(2)(m), 87, 351(2) of BNS, 2023
- Sections 5(L)/6 and 17/18 of POCSO Act, 2012
- Section 183 of the BNSS

2. Catch Words:
- Bail
- Regular bail
- False promise of marriage
- Abduction
- Sexual assault
- POCSO
- Charge sheet
- Personal bond
- Surety

3. Summary:
The applicant sought regular bail under Section 483 of the BNSS, 2023 for offences including sections of the BNS, 2023 and the POCSO Act, 2012. He has been in custody since 14‑10‑2025. The prosecution alleges abduction and repeated sexual assault following a false promise of marriage. The defence claims innocence, consent, and no risk of absconding. The court, after hearing both sides and reviewing the case diary, granted bail without commenting on the merits. The applicant must furnish a personal bond of Rs. 50,000 with a surety and comply with several conditions, including cooperation with investigation, no further offences, and not leaving India without permission. The order is to be forwarded to the trial court for compliance.

4. Conclusion:
Petition Allowed
Judgment :-

1. This is first application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to Crime No.388 of 2025 registered at Police Station - Jobat, District - Alirajpur (MP) for the offence under Sections 137(2), 142, 127(4), 64(2)(m), 87, 351(2) of BNS, 2023 and also under Sections 5(L)/6 and 17/18 of POCSO Act, 2012. The applicant is in jail since 14.10.2025.

2. Allegation against the present applicant is that he on the false promise of marriage threatened the prosecutrix, abducted and took her to Gujarat and committed sexual assault upon her repeatedly.

3. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The applicant is under custody since 14.10.2025. The investigation is over and charge sheet has been filed. The prosecutrix in her statements recorded under Section 183 of the BNSS, stated that she went with present applicant on her own free will. She stayed with the present applicant for three months in Gujarat. The present applicant made sexual relations with the prosecutrix on her consent. There is no previous criminal antecedents. No custodial interrogation is required. The conclusion of the trial will take sufficiently long time. The applicant is permanent resident of District - Alirajpur (M.P) and there is no possibility of his absconsion and tampering with the prosecution evidence. Hence, learned counsel for the applicant prayed for grant of bail to the applicant.

4. On the other hand, learned counsel for the respondent - State has vehemently opposed the bail application and prayed for its rejection.

5. Heard learned counsel for the rival parties and perused the case diary.

6. Considering the facts and circumstances of the case, 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 upon 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/Committal 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, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

          iv) The applicant shall not commit an offence similar to the offence of which he/she is accused;

          v) The applicant will not seek unnecessary adjournments during the trial; and

          vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

8. E- copy of this order be sent to the trial Court concerned for compliance.

9. Certified copy as per rules.

 
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