In a recent ruling by the High Court of Madhya Pradesh at Indore, Justice Himanshu Joshi granted bail to 20-year-old Sunil in a case registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and sections of the Bharatiya Nyaya Sanhita, 2023. The case stems from Crime No. 198/2025 at Police Station Nalcha, District Dhar, where Sunil was accused of offenses including abduction and sexual assault involving a 17-year-old girl.
According to the prosecution, the girl’s father reported her missing on July 6, 2025, after she disappeared from home around 2:00 AM. Sunil was arrested on July 19, 2025, and has been in custody since. However, the court’s order highlights the girl’s statement under Section 164 of the Cr.P.C., where she stated that she accompanied Sunil willingly, as they were in a relationship. The judge noted that while the girl is a minor (aged around 17), she had reached an “age of discretion” and acted on her own volition.
Sunil’s counsel, Shri Anopam Chouhan, argued that it was a consensual matter with no direct evidence against his client, who has no prior criminal record. The state opposed the bail, citing the seriousness of the allegations. After reviewing the case diary and statements, the court deemed it fit for bail, without commenting on the merits of the trial.
Sunil was released on a personal bond of Rs. 50,000 with one solvent surety, and must comply with Section 480(3) of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. The miscellaneous criminal case (MCRC No. 44782/2025) stands disposed of.
This decision underscores the nuanced application of POCSO laws in cases involving near-adult minors and claims of consent, potentially setting precedents for similar matters. Legal experts note that such rulings emphasize the importance of victim statements in bail hearings.
Case Details: Sunil vs. The State of Madhya Pradesh, 2025: MPHC-IND:28893
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