Bail Granted: Prolonged Pre-Trial Detention Justifies Liberty Despite Grave Allegations.

The applicant, Ashish Jatav, filed a first application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for anticipatory bail.

He was arrested on January 22, 2026, in connection with Crime No. 19/2026, registered at Police Station Indergarh, District Datia (M.P.), for alleged offences under Sections 137(2), 64(1), 65(1) of BNS read with Sections 3, 4 of the POCSO Act.

The allegations involve kidnapping, rape, and POCSO Act offences against a prosecutrix stated to be 15 years and 06 months of age.

The applicant's counsel contended that the prosecutrix voluntarily left her home on January 15, 2026, and went to Delhi, where she later approached the Delhi Police.

It was further submitted that physical relations allegedly took place on November 7, 2025, due to acquaintance, and the allegations arose after the applicant refused to marry her.

The applicant has been in judicial custody since December 7, 2025.

1. Whether the applicant, Ashish Jatav, should be granted anticipatory bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the allegations of kidnapping, rape, and offences under the POCSO Act.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning applications for grant of bail.

It also considered the general principles governing bail jurisprudence, specifically the concept of prolonged pre-trial detention being anathema to liberty, and the likelihood of the trial taking a long time.

The court considered the applicant's submission that he was falsely implicated and that the prosecutrix voluntarily left her home.

The defense also argued that the allegations were made subsequently when the applicant refused to marry the prosecutrix.

The court noted the applicant's judicial custody since December 7, 2025, and the high likelihood of a prolonged trial.

While the State vehemently opposed the bail application due to the nature and gravity of the offense, the court, without expressing an opinion on the merits, found that the overall facts and circumstances, coupled with the slow pace of the trial and the undesirability of prolonged pre-trial detention, warranted the grant of bail.

The applicant, Ashish Jatav, is to be released on bail upon furnishing a personal bond of Rs. 50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court.

This grant of bail is subject to standard conditions, including cooperation in investigation/trial, not influencing witnesses, not committing other offenses, and not leaving India without permission.