Madhya Pradesh High Court
Santosh Kumar Bhandari vs The State Of Madhya Pradesh on 6 April, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:8848
1 MCRC-14095-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 6 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 14095 of 2026
SANTOSH KUMAR BHANDARI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shadab Khan - Advocate for the applicant through V.C.
Shri Hemant Sharma- G.A. for the State.
ORDER
1] They are heard. Perused the case-diary.
2] This is the first application filed by the applicant under Section 482 of
the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.16/2012 registered at Police Station City Kotwali, District Mandsaur for the offence punishable under Section 376 of the Indian Penal Code, 1860.
3] The allegation against the applicant is of rape. The FIR has been lodged on 06.01.2012, and earlier, a closure report was also filed, however, the same was not accepted.
4] Counsel for the applicant has submitted that the applicant is presently retired, and at the time of incident, he was working as Court Munshi in the Court of Mandsaur. It is submitted that even in her statement under Section 164 of Cr.P.C. the prosecutrix has given a different version of the story, and Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 07-04-2026 18:42:18 NEUTRAL CITATION NO. 2026:MPHC-IND:8848 2 MCRC-14095-2026 in fact, she has clearly stated that nothing wrong has been done to her by the applicant, at one place, and at the other place, it is also stated that the applicant had committed rape on her. Counsel has also drawn the attention of this Court to the present physical status of the applicant, who is bedridden as he is suffering from brain hemorrhage and paralysis; the documents regarding which have also been filed on record. It is further submitted that the applicant was never tried to be arrested by the police in connection with the offence. Thus, it is submitted the custodial interrogation of the applicant is not necessary, and the anticipatory bail application be allowed. 5] Counsel for the respondent/State, on the other hand, has opposed the prayer, and it is submitted the Khatma submitted in favour of the applicant was not accepted by the Judicial Magistrate, hence the matter has again been opened.
6] On due consideration of submissions, perusal of the case diary as also the documents filed on record, including the present physical status of the applicant, who is suffering from paralysis and brain hemorrhage, and is bedridden, and the photographs and medical documents have also been filed to this effect, in such circumstances, custodial interrogation of the applicant in such facts and circumstances of the case does not appear necessary. 7] Accordingly, without commenting anything on the merits of the case, the application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The applicant shall make himself available for Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 07-04-2026 18:42:18 NEUTRAL CITATION NO. 2026:MPHC-IND:8848 3 MCRC-14095-2026 interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973. It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law. 8] Accordingly, MCRC stands allowed and disposed of.
C.c. as per rules.
(SUBODH ABHYANKAR) JUDGE Bahar Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 07-04-2026 18:42:18