Madhya Pradesh High Court
Pawan Kumar Bharti vs The State Of Madhya Pradesh on 25 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:24712
1 MCRC-51567-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 25th OF MARCH, 2026
MISC. CRIMINAL CASE No. 51567 of 2025
PAWAN KUMAR BHARTI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anil Kumar Namdeo -Advocate for the applicant.
Shri C.M. Tiwari - Government Advocate for the respondent
No.1/State.
ORDER
This is the third application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail relating to Crime No.336/2024 registered at Police Station - Khajuri Sadak, District Bhopal (M.P.) for the offence punishable under Sections 74, 75, 351(2), 115, 64, 65(1), 76, 77, 78 of B.N.S., Section 3/4, 5(m)/6 & 7/8 of POCSO Act and Section 66E, 67 & 67- A of I.T. Act. The applicant has been arrested on 03.10.2024.
Earlier (second) application of applicant was dismissed as withdrawn with liberty to file fresh application after receipt of the report from Cyber Cell vide order dated 28.08.2025 passed in MCRC. No.32021/2025.
2. As per the prosecution story, it is alleged that applicant has committed rape upon the minor prosecutrix several times. He has also made several obscene videos of minor proscutrix and her mother. Therefore, the Signature Not Verified Signed by: MOHAMMED MOHSIN QURESHI Signing time: 28-03-2026 12:38:42 NEUTRAL CITATION NO. 2026:MPHC-JBP:24712 2 MCRC-51567-2025 offence has been registered against the present applicant under the aforesaid section.
3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in custody since 03.10.2024. It is submitted that the the statement of prosecutrix has been recorded before the Trial Court in which she has not supported the prosecution story. The report of Cyber Cell also does not support the prosecution story. It is further submitted that in this case, chats and videos have not been made viral, therefore offence under Section 67-A of I.T. Act is not made out against the applicant. Other offences are punishable with imprisonment upto three years. The conclusion of the trial will take considerable time. Therefore, it has been prayed that the applicant may be released on bail.
4. On the other hand, learned counsel for the respondent/State has opposed the bail application and has submitted that the applicant is the father of the prosecutrix. The age of prosecutrix was 12 years when the applicant had committed rape upon her first time. The 33 obscene videos of prosecutrix and her mother have been recovered from the mobile of applicant, which were stored in three Pen Drives. It is further submitted that the details regarding camera installed in the Washroom is also available. The minute appreciation of evidence cannot be done at this stage. Hence, the applicant be not granted bail.
5. Heard learned counsel for the parties and perused case diary.
6. Looking to aforesaid facts and circumstances as well as act of Signature Not Verified Signed by: MOHAMMED MOHSIN QURESHI Signing time: 28-03-2026 12:38:42 NEUTRAL CITATION NO. 2026:MPHC-JBP:24712 3 MCRC-51567-2025 applicant, I am not inclined to grant bail to the applicant.
7. Accordingly, present MCRC stands dismissed.
(PRAMOD KUMAR AGRAWAL) JUDGE mohsin Signature Not Verified Signed by: MOHAMMED MOHSIN QURESHI Signing time: 28-03-2026 12:38:42