The Madhya Pradesh High Court, Indore Bench, on October 1, 2025, granted bail to Laxminarayan @ Kanha, an 18-year-old accused in a POCSO case registered in Khargone district. Justice Himanshu Joshi passed the order in Misc. Criminal Case No. 44699 of 2025, after examining the arguments presented by both sides and the material in the case diary.
Background
The case stems from a complaint filed on July 12, 2025, by the brother of a 16-year-old girl who went missing from her home in Gogawa, District Khargone. The family alleged that the minor had left home without informing anyone after a disagreement over a message found on her phone. Two days later, the girl was recovered, and the police arrested Laxminarayan, who was accused of abducting and luring her.
He was booked under several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, including Sections 137(2), 64(1), 87, and 127(2), as well as under Sections 3 and 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The applicant has been in custody since July 14, 2025. His counsel, Advocate Anopam Chouhan, argued that Laxminarayan had been falsely implicated merely on suspicion and that there was no evidence of sexual misconduct or coercion.
Court's Observations
Justice Joshi carefully examined the investigation records, noting that in the victim's statement under Section 164 of the Criminal Procedure Code (CrPC), she did not level any allegation against the applicant.
"The veracity of the prosecution and complicity of the applicant will be determined during trial," the bench observed, emphasizing that there was no indication the accused had compelled the girl to accompany him, nor was there evidence of force or repeated contact.
The Court also acknowledged the prosecution’s submission that the applicant had a prior case involving similar allegations. However, the judge noted that in the present case, no direct evidence linked the accused to an act of abduction or sexual assault.
Considering the applicant's age and occupation as a driver, the Court found no likelihood of him tampering with evidence or influencing witnesses.
Justice Joshi remarked that "continued incarceration of the young applicant serves no compelling purpose" and that he should be given a fair chance to defend himself in trial.
Decision
The Court allowed the bail application and ordered the release of Laxminarayan @ Kanha upon furnishing a personal bond of ₹25,000 with one surety of the same amount to the satisfaction of the trial court.
The order explicitly outlined conditions in both English and Hindi to ensure clarity for the accused. Among them:
- He must attend every court hearing as directed.
- He shall not commit any similar offence or attempt to influence witnesses.
- He must not tamper with evidence or exert pressure on anyone involved in the case.
- He must comply with Section 346 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 during trial proceedings regarding witness examination.
Justice Joshi clarified that the bail would remain effective until the conclusion of the trial, but any violation of conditions could lead to its cancellation.
The judge concluded the order by directing the trial court to ensure that all bail conditions are clearly explained to both the accused and the surety, with certification if either is unable to write.
Case Title: Laxminarayan @ Kanha v. The State of Madhya Pradesh and Others
Case Number: Misc. Criminal Case (MCRC) No. 44699 of 2025
Date of Order: 1 October 2025