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Madhya Pradesh High Court
Jodhraj Singh vs The State Of Madhya Pradesh on 4 December, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:35448
1 MCRC-48246-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 4 th OF DECEMBER, 2025
MISC. CRIMINAL CASE No. 48246 of 2025
JODHRAJ SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Priyvrat Singh Chouhan - Advocate for the applicant.
Shri Amit Raval GA for the State.
Shri Khushiyal Malya, learned counsel for the respondent [OBJ].
ORDER
1. This second 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. 73 of 2025 registered at Police Station-
Soyatkala, District- Agar Malwa (M.P.) for offence punishable under
Sections 332(b), 331(2), 64, 74, 75(1), 115(2), 296, 333 125, 351(3) of the
BNS, 2023 Applicant is in judicial custody since 20/03/2025. His first bail
application was dismissed as withdrawn vide order dated 30/06/2025 passed
in MCRC no. 26333/2025, with a liberty to renew the prayer after
examination of the complainant. However, the complainant has been
examined.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
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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 It is a case of consensual relationship. The FIR relating
to accusation of rape is delayed by three months. The settlement deed
executed between the parties does not reflect the accusation of rape. No
offence, as alleged, is committed by the applicant. There is no likelihood of
tampering with remaining evidence by the applicant for the reason that
the material prosecution witnesses, prosecutrix [PW-1] and her husband
[PW-2] have been examined. The trial would take time to conclude as the
Court is vacant presently. 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, ably assisted by learned
counsel for the objector opposes the application on the ground of gravity of
alleged offence. Learned counsel further refers to four criminal antecedents
as mentioned in the case diary.
6. In reply, learned counsel for the applicant submits that the
applicant was acquitted in other matters relating to Crime no. 204/2019 vide
judgment dated 29/05/2023 passed in S.T. no. 16/2020 and Crime no.
75/2009 vide judgment dated 25/10/2013 passed in Criminal Case no.
219/2009. Other matters are pending for trial. He has never been convicted.
7. According to the material available on case diary, the complainant
aged around 32 years reported to the police station - Soyatkala District -
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Agar Malwa that on 26/12/2024 around 12:00 in the noon, she was at her
home. Jodhraj Singh entered her house and forcefully committed rape with
her. She informed her husband and family members and did not report the
incident due to embarrassment and fearing social disrepute. Jodhraj executed
a written apology in presence of her family members. On 19/03/2025, around
10:30 in the night, someone knocked the door of her house. As she opened
the door, Jodhraj entered her house and caught hold of her. Jodhraj molested
her by touching her improperly. Her husband caught hold of Jodhraj. Jodhraj
tried to escape. He pelted stone at her husband. Her husband sustain injury
on nose. Jodhraj threatened to kill them. On such allegations, the police
station- Soyatkala registered FIR for offence punishable under Sections 64,
74, 75(1), 115(2), 296, 333 125, 351(3) of the BNS, 2023 against Jodhraj. He
was arrested on 20/03/2025. He is in custody ever since. The prosecutrix and
her husband have been examined. The trial is underway. The veracity of
prosecution and complicity of the applicant in the alleged offence will be
determined after evidence in the trial.
8. As informed, the applicant is aged around 43 years and is
agriculturist by profession. He has family responsibilities. Considering these
aspects, there appears to be no possibility of fleeing from justice.
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.
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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- Jodhraj Singh 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 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
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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
amol
