Madhya Pradesh High Court
Pawan vs The State Of Madhya Pradesh on 19 August, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:22668
1 MCRC-30102-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 19th OF AUGUST, 2025
MISC. CRIMINAL CASE No. 30102 of 2025
PAWAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Umesh Sharma advocate through VC and Shri Akhilesh Kumar
Choudhary - Advocate for the applicant.
Shri Amit Raval public prosecutor for the Stae.
ORDER
This first bail application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Crime No. 125 of 2025 registered at Police Station- Salsalai, District- Shajapur, (M.P.) for an offence punishable under Sections 138, 64(2)(h), 351(3), 87 of BNS, 2023. The applicant is in judicial custody since 01.5.2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence. He has not committed the alleged offence. It is a case of consensual relationship. When their relationship turned sour, the complainant alleged rape against the applicant. She had moved with the applicant to Gujarat at her own. The final Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 19-08-2025 19:41:57 NEUTRAL CITATION NO. 2025:MPHC-IND:22668 2 MCRC-30102-2025 report has been submitted. There is no likelihood of tampering with evidence by the applicant for the reason that he is labourer by profession and is not capable to manipulate the evidence. Jail incarceration is causing hardship to the applicant and his dependent family. Applicant is ready to cooperate in the trial. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.
According to the material available on case diary, the complainant, aged around 19 years, reported to SHO of P.S. Salsalai District Shajapur that on 27.4.2025 around 3:00 in the afternoon, she was returning from Salsalai hospital. The accused, who happens to be her relative, compelled her to sit on his motorcycle. The accused took her to Sarangpur on his motorcycle. They boarded a bus (sleeper coach). The accused committed rape on her in the Sleeper Coach. The brother of accused informed him that police report has been lodged, therefore, they returned to Sarangpur. The P.S. Salsalai registered FIR for offence punishable under Section 138, 64(2)(h) and 351(3) of the BNS,2023. The applicant was apprehended on 1.5.2025. The final report was submitted. The trial would take time to conclude. The veracity of prosecution will be determined after evidence in the trial.
As informed, the applicant is aged 24 years and is labourer by profession and has the family responsibility. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 19-08-2025 19:41:57 NEUTRAL CITATION NO. 2025:MPHC-IND:22668 3 MCRC-30102-2025 applicant. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.
Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application (M.Cr.C. No. 30102 of 2025) is allowed.
Accordingly, it is directed that applicant-Pawan shall be released on bail in connection with Crime, as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions : (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा । (2) Applicant shall not commit or get involved in any offence of similar nature; (2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा । (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness; (4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा । (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in attendance; (5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 19-08-2025 19:41:57 NEUTRAL CITATION NO. 2025:MPHC-IND:22668
4 MCRC-30102-2025 भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा । This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the Trial Court may consider, on merit, cancellation of bail without any impediment of this order. The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he/she had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE BDJ Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 19-08-2025 19:41:57