Facts
The applicant, Shantilal, a 20-year-old labourer, was arrested on December 10, 2025, in connection with Crime No. 512/2025 at Police Station Raoti, District Ratlam.
Source reference: p. 1He was charged with kidnapping and penetrative sexual assault of a minor girl (aged approximately 16 years and 8 months) under Sections 137(2), 64(2)(m), and 87 of the BNS, 2023, along with Section 5L/6 of the POCSO Act.
Source reference: p. 1-2The applicant moved his first bail application under Section 483 of the BNSS, 2023, contending that it was a consensual romantic relationship where the victim joined him voluntarily at Morbi, Gujarat, without any inducement or force.
Source reference: p. 1-2The investigation had concluded with the filing of a final report.
Source reference: p. 2Issues
1. Whether the applicant is entitled to the grant of bail under Section 483 of the BNSS, 2023, considering the nature of the allegations and the period of incarceration.
Source reference: p. 1-22. Whether there exists a prima-facie case of enticement or force, or if the circumstances suggest a consensual relationship between adolescents.
Source reference: p. 2Law Applied
The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail.
Source reference: p. 1It considered the penal provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 137(2) (Kidnapping), 64(2)(m) (Rape on a woman under 16), and 87 (Inducement).
Source reference: p. 1The court also assessed Section 5L/6 of the POCSO Act regarding sexual assault on a minor.
Source reference: p. 1Procedurally, it referenced Section 183 of the BNSS regarding the recording of the victim's statement.
Source reference: p. 2It referenced Section 346 of the BNSS regarding the timely examination of witnesses during trial.
Source reference: p. 3Reasoning
The court observed that, according to the victim’s statement under Section 183 of the BNSS, she had left her home voluntarily to stay with the applicant in a rented room in Gujarat.
Source reference: p. 2The court noted a prima facie absence of the elements of enticement, force, or compulsion.
Source reference: p. 2It highlighted that the applicant is a young man (20 years old) with no prior criminal record, making the likelihood of recidivism or fleeing from justice minimal.
Source reference: p. 2-3The court reasoned that since the investigation was complete and the final report filed, continued incarceration was unnecessary, especially as the trial would take time to conclude and the applicant's socio-economic status as a labourer suggested he lacked the capacity to influence witnesses.
Source reference: p. 2-3Holding
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 surety of the same amount.
The holding was based on the lack of prima facie evidence of force and the applicant's clean antecedents.
Source reference: p. 3The release is subject to five conditions, including regular court appearance, non-participation in similar offences, and a prohibition against tampering with evidence or threatening witnesses.
Source reference: p. 3-4The order remains effective until the conclusion of the trial.
Source reference: p. 4Original Court PDF
Shantilal v. The State of Madhya Pradesh and Others [2026:MPHC-IND:6339]
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in