Citation : 2025 Latest Caselaw 3819 MP
Judgement Date : 12 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:37955
1 MCRC-35198-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 12th OF AUGUST, 2025
MISC. CRIMINAL CASE No. 35198 of 2025
ANAND GUPTA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Saket Agrawal - Advocate for the applicant.
Shri Santosh Yadav - Government Advocate for the respondent/State.
Shri Rajesh Kumar Sen - Advocate for the objector.
ORDER
This is the first application filed by the applicant under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.406/2025 registered at Police Station- Civil Lines, District- Satna (M.P.) for the offence punishable under Sections 69 of BNS, 2023. The applicant is in custody since 30.06.2025.
2. Learned counsel for the applicant has submitted that the applicant is
innocent and he has falsely been implicated in the case. It is submitted that the victim was major, 21 years old when first relations were established and when the FIR was lodged, she was 28 years old. There was consensual relation and after some differences, the FIR has been lodged. Charge sheet has been submitted. The trial will take time to be concluded. Hence, the applicant be released on bail.
NEUTRAL CITATION NO. 2025:MPHC-JBP:37955
2 MCRC-35198-2025
3. Learned counsel for the applicant has also relied upon the order of this Court passed in M.Cr.C No.55540/2024 (Raghuraj Singh vs. The State of M.P.) dated 21.01.2025 and also on the judgment passed by the Division Bench of Allahabad High Court in Criminal MISC. W.P.No.14812/2025 (Yash Dayal vs. The State of U.P. and others ) particularly Para-5 of the judgment.
4. Learned counsel for the objector has submitted that on the promise of marriage, the relations were established and when the victim asked for marriage, the applicant was assuring the victim and when he denied, FIR has been lodged. Hence, the applicant is not entitled to be released on bail.
5. Learned counsel for the State has also supported the submissions
made by the learned counsel for the objector and submitted that no case for bail is made out. Hence, the applicant is not entitled to be released on bail.
6. Heard the parties and perused the case diary.
7. From the FIR, it is clear that the acquaintance started in 2018 when both have joined Harsh English Academy at Satna and after that they started calling each other on mobile phone and Facebook. In April, 2021, first relation was established. The victim also went to Pune. It is the matter of evidence whether relations were established by mutual consent or on the promise ?
8. Considering the period of relation coupled with the fact that trial will take time to be concluded, this Court deems it appropriate to enlarge the applicant on bail, therefore, without commenting anything on the merit of the case, this bail application is allowed.
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9. It is directed that applicant-Anand Gupta shall be released on bail on his furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during the pendency of trial.
10. It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.
C.C. as per rules.
(DEVNARAYAN MISHRA) JUDGE
VB*
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