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Madhya Pradesh High Court
Sunil vs The State Of Madhya Pradesh on 2 December, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:35140
1 MCRC-52906-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF DECEMBER, 2025
MISC. CRIMINAL CASE No. 52906 of 2025
SUNIL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Sangita Parsai - Advocate for the applicant.
Shri Apoorv Joshi GA for the State.
Shri Ravindra Patel- Advocate for the objector.
ORDER
1. This first application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 295/2025 registered at Police Station- Shivgarh,
District- Ratlam (M.P.) for offence punishable under Sections 64(1) and
351(3) of the BNS, 2023. Applicant is in judicial custody since 29/10/2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary 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 over dispute with regard to financial transaction
between the parties. It is not possible to commit rape with mother of major
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sons, when they were sleeping nearby in the same courtyard. No offence, as
alleged, is committed by the applicant. The final report has been submitted
on completion of investigation. There is no likelihood of tampering with
evidence by the applicant. Jail incarceration is causing hardship to the
applicant and the dependent family. Applicant is ready to cooperate in the
trial.
5. Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel further refers to
one criminal antecedent as mentioned in the case diary.
6. In reply, learned counsel for the applicant submits that the
applicant was acquitted in other matter relating to Crime no. 304/2017 vide
judgment dated 25/01/2019 passed ST no. 771/2017. He has never been
convicted.
7. Learned counsel for the objector submits that the objector has not
objection to grant of bail to the applicant.
8. According to the material available on case diary, the
complainant, aged around 37 years, reported to the police station - Shivgarh
on 02/10/2025 that on 30/09/2025, she was sleeping at her home along with
her sons. Around 12:00 in the night, Sunil (applicant) gagged her mouth and
committed rape with her. Sunil threatened to kill her. When her husband
came home, she informed her husband and came to report. On such
allegations, the Police Station - Shivgarh arrested Sunil on 29/10/2025 for
offence punishable under Sections 64(1) and 351(3) of the BNS, 2023. He is
in custody ever since. The trial is under way. The contentions raised by
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applicant have prima facie substance. The veracity of prosecution and
complicity of the applicant in the alleged offence will be determined after
evidence in the trial.
9. As informed, the applicant is aged around 33 years and is
agriculturist by profession. He has family responsibilities. Considering these
aspects, there appears to be no possibility of fleeing from justice. In absence
of substantial criminal past and previous conviction for any offence,
considering the socio-economic status of the applicant, there appears to be
no likelihood of tampering with 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.
10. 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.
11. Accordingly, it is directed that applicant- Sunil 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 ।
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(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 भारतीय नाग रक
सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
12. 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.
13.. 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 had explained
the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
