KAILASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the the first application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the applicant for grant of bail. He has been arrested on 11/11/2025 in connection with Crime No.148 of 2025 registered at Police Station Chirula, District Datia for offences punishable under Ss. 137(2) and 87 of BNS.

(2.) As per prosecution story, on 19/10/2025 at about 8:00 a.m., the complainant, a resident of Village Dera Gandhari, left her house along with her husband to work as a labourer. At that time, her daughter, the prosecutrix, aged about 16 years and 6 months, was present at home. When the complainant returned home at about 6:00 p.m., she found that her daughter/prosecutrix was not present in the house. Despite making efforts to search for her, the prosecutrix could not be traced. Subsequently, on 10/11/2025, the prosecutrix was recovered from the custody/possession of Kailash Kevat (present applicant) from Village Jamodi.

(3.) 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, as per the prosecutrix's own statement under Sec. 183 of BNSS, the applicant was not involved in taking her from her parental home, nor did he induce, abduct, or coerce her at any point of time. The prosecutrix herself stated that after being left alone by a third person, namely Anil, she voluntarily went to the house of the applicant at Village Jamodi. It is further evident from the statement of the prosecutrix that the conduct of the applicant is wholly bonafide and he immediately informed the parents of the prosecutrix and called them to his house. More importantly, the applicant requested the parents and relatives to take their daughter back with them, but despite the same, they themselves left the prosecutrix at the applicant's house and returned. The prosecutrix thereafter stayed at the applicant's house for about 20-25 days with the knowledge and implied consent of her parents and relatives, which clearly negates any allegation of wrongful confinement, abduction, or criminal intent on the part of the applicant. It is further submitted that the applicant has been in judicial custody since 11/11/2025. Conclusion of the trial is likely to take a considerable time. 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.