AKHTAR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the the second application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the applicant for grant of bail. He has been arrested on 10/10/2025 in connection with Crime No.101/2025 registered at Police Station Kotwali, District Gwalior for offences punishable under Sec. 137(2), 64(2)(M), 351(3) of BNS read with Ss. 5L/6 of POCSO Act.

(2.) Kidnapping, rape and the offence under the POCSO Act is alleged against the applicant in respect of prosecutrix, who is stated to be under 18 years of age. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that his earlier application was dismissed as withdrawn by this Court vide order dtd. 14/11/2025 with liberty renew his prayer after the Court's statements of the prosecturix and now, the prosecutrix and her father have been examined before the trial Court and they had not supported the case of the prosecution and had turned hostile. It is further submitted that the applicant has been in judicial custody since 10/10/2025. Conclusion of the trial is likely to take a considerable time. The applicant is a permanent resident of District Gwalior, and there is no likelihood of his absconding or tampering with the prosecution evidence. In these circumstances, it is prayed that the applicant be enlarged on bail.

(3.) Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection looking to the nature and gravity of offence.