Facts
The applicant, Santosh @ Banti (24 years old), was accused of kidnapping and committing penetrative sexual assault against a minor victim (15 years and 4 months old).
Source reference: p. 1-2Based on these allegations, Crime No. 05 of 2026 was registered at Police Station Boda, District Rajgarh, for various offenses under the BNS, POCSO Act, and SC/ST Act.
Source reference: p. 1The applicant has been in judicial custody since January 8, 2026.
Source reference: p. 1During the investigation, the victim's statement was recorded under Section 183 of the BNSS, 2023, and a DNA examination was conducted.
Source reference: p. 2Following the completion of the investigation, the final report was filed.
Source reference: p. 2The applicant filed this first bail application under Section 483 of the BNSS, 2023.
Source reference: p. 1Issues
1. Whether the applicant is entitled to regular bail considering the material inconsistencies in the prosecution’s evidence, such as the victim's statement and medical reports.
Source reference: p. 22. Whether the continued incarceration of the applicant is warranted given his lack of criminal antecedents and the completion of the investigation.
Source reference: p. 2Law Applied
The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 [corresponding to Section 439 of the CrPC] regarding the grant of regular bail.
Source reference: p. 1It considered the substantive offenses under Sections 137(2) (Kidnapping), 64(1) (Rape), 87, and 65(1) of the BNS, 2023; Sections 3/4 of the POCSO Act (Penetrative sexual assault); and Sections 3(2)(v) and 3(1)(w)(i) of the SC/ST (Prevention of Atrocities) Act.
Source reference: p. 1The Court also adhered to the principles of criminal jurisprudence relating to the right to liberty, the duty to ensure the accused does not flee from justice, and the procedural mandate for examining witnesses under Section 346 of the BNSS.
Source reference: p. 2-3Reasoning
The Court observed that despite the gravity of the charges, the material on record prima facie contradicted the prosecution's case.
Source reference: p. 2Specifically, the victim, in her statement recorded before a Magistrate under Section 183 of the BNSS, did not allege any sexual assault, enticement, or force by the applicant.
Source reference: p. 2Furthermore, the Court noted that the DNA Profile extracted from the victim's clothing did not match the applicant's DNA, failing to support the accusation of penetrative assault.
Source reference: p. 2The Court reasoned that since the investigation was complete and the final report filed, the applicant's custody was no longer necessary for investigation purposes.
Source reference: p. 2Given that the applicant has no criminal history and possesses a stable socio-economic background (private job and dependent family), the Court found no substantial risk of him fleeing from justice, tampering with evidence, or influencing witnesses.
Source reference: p. 2Holding
The Court answered the issues in favor of the applicant, holding that the contentions for bail had prima facie merit and would be determined finally during the trial.
The Court allowed the application and directed that the applicant be released on bail upon furnishing a personal bond of Rs. 25,000/- with one solvent surety of the same amount.
Source reference: p. 2-3The release is subject to conditions including mandatory attendance at hearings, a prohibition on committing similar offenses, and a prohibition on tampering with evidence or threatening witnesses.
Source reference: p. 3-4Original Court PDF
Santosh @ Banti v. The State of Madhya Pradesh [MCRC No. 11250 of 2026]
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