Madhya Pradesh High Court
Sajid vs The State Of Madhya Pradesh on 12 August, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:21850
1 MCRC-24393-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 12th OF AUGUST, 2025
MISC. CRIMINAL CASE No. 24393 of 2025
SAJID
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tarun Kushwah advocate for the applicant.
Shri Apoorv Joshi public prosecutor for the State.
Shri Balkrishna Royal advocate for the objector.
ORDER
1. This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No. 138 of 2023
registered at Police Station-Station Road Ratlam District Ratlam (M.P.) for
offence punishable under Section 306 of IPC. Applicant is in judicial custody
since 23.1.2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application and the
relevant material on record.
4. 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.The deceased was compelled to lodge false FIR alleging rape against the
applicant. The applicant stands acquitted vide judgment dated 23.5.2025 passed
in ST No. 225 of 2023. The deceased has committed suicide feeling aggrieved by
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pressure of her family members. No offence as alleged was committed by the
applicant. Final report has been submitted. Material prosecution witness Babu
(PW-1), Tarunnam Bi (PW-2), Naharu Sa (PW-3), Moin (PW-4), Dr. Pradeep
Kumar Mishra (PW-5) have been examined. There is no likelihood of tampering
with remaining evidence by the applicant. Jail incarceration of the applicant is
causing hardship to the applicant and dependent family. Applicant is ready to
cooperate in the trial.
5. Per contra, learned counsel for the State ably assisted by counsel for
objector opposes the application on the ground of gravity of alleged offence.
Learned counsel for the State referred to one criminal antecedent against the
applicant as mentioned in the case diary.
6. In reply, learned counsel for the applicant submits that applicant stands
acquitted in crime No. 686/2022 vide judgment dated 23.5.2025.
7. According to the material available on case diary, the victim had
committed suicide by hanging at the house of matrimonial home on 5.2.2023.
The family members of the deceased stated that the applicant Sajid has committed
rape on deceased. After releasing on bail, Sajid used to visit the house of
deceased and threaten her for compromise. The deceased had committed suicide
due to constant mental harassment of accused Sajid. On such allegation P.S.
Station Road Ratlam registered FIR at crime No. 138/2023 for offence
punishable under Section 306 of IPC. The final report was submitted on
completion of investigation. The trial is underway. Family members of the
deceased have been examined. Trial would take time to conclude. The veracity of
prosecution will be determined after evidence in the trial. As informed, the
applicant is aged 35 years and is doing job and has family responsibility.
8. Considering these aspects, there appears to be no possibility of fleeing
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from justice. In absence of substantial criminal past and previous conviction
for any major offence, considering the socio-economic status of the applicant,
there appears to be no likelihood of tampering with remaining evidence or
influencing the witnesses by the 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.
9. 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 is
allowed.
10. Accordingly, it is directed that applicant- Sajid 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 25,000 (Rupees Twenty
Five 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
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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
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
11. 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.
12. 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
