Madhya Pradesh High Court
Saleem Teli vs The State Of Madhya Pradesh on 17 May, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:13215
1 MCRC-18817-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 17 th OF MAY, 2025
MISC. CRIMINAL CASE No. 18817 of 2025
SALEEM TELI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vivek Singh, learned Senior Advocate alongwith Shri Arpit Singh,
learned counsel for the applicant.
Shri Romil Verma, learned Govt. Advocate for the respondent/State.
Shri Pankaj Vishwakarma, learned counsel for the respondent [R-2][OBJ].
WITH
MISC. CRIMINAL CASE No. 19325 of 2025
IRFAN ALI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vivek Singh, learned Senior Advocate alongwith Shri Arpit Singh, learned
counsel for the applicant.
Shri Romil Verma, learned Govt. Advocate for the respondent/State.
Shri Pankaj Vishwakarma, learned counsel for the respondent [R-2][OBJ].
MISC. CRIMINAL CASE No. 20225 of 2025
SHAHZAD MANDAWRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vivek Singh, learned Senior Advocate alongwith Shri Arpit Singh, learned
counsel for the applicant.
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 5/19/2025
11:18:01 AM
NEUTRAL CITATION NO. 2025:MPHC-IND:13215
2 MCRC-18817-2025
Shri Romil Verma, learned Govt. Advocate for the respondent/State.
Shri Pankaj Vishwakarma, learned counsel for the respondent [R-2][OBJ].
ORDER
Heard with the aid of case diary.
2. This order shall govern the final disposal of these miscellaneous criminal
cases as they have arisen out of same crime number of same police station, hence,
they are heard analogously and are being decided by this common order.
3. These are second applications filed under Section 483 of BNSS, 2023
(Section 439 of Cr.P.C, 1973) for grant of bail during trial relating to FIR/Crime
No.400/2024 dated (not mentioned), registered at Police Station Kanadiya, District
Indore (MP) for the offence u/S 376, 376(2)(n), 376-D, 341, 294, 365, 377 & 506
of IPC. Applicants are in custody since 18.11.2024.
4. First applications of applicants Saleem Teli and Shahzad Mandawara,
were dismissed as withdrawn vide order dated 11.02.2025 & 07.04.2025 passed in
MCRC Nos. 56474/2024 & 12517/2025 respectively with liberty to renew the
prayer after examination of prosecutrix and first application of applicant Irfan Ali's
was dismissed on merit vide order dated 24.03.2025 passed in MCRC
No.13130/2025.
5. Learned Senior Counsel for the applicants submits that the applicants are
innocent and have been falsely implicated in the present crime. In this case, the
incident was happened on 11.06.2024 and a written complaint was made on
17.07.2024, but no FIR was lodged by police on that written complaint.
Thereafter, vide order dated 14.08.2024 passed in W.P. No. 22395/2024 by Co-
ordinate Bench of this Court, FIR was lodged on 02.09.2024 in the present case.
That apart, earlier also, another FIR was lodged by the prosecutrix against the
applicant Saleem and in that case, final judgment has been passed on 28.09.2018,
NEUTRAL CITATION NO. 2025:MPHC-IND:13215
3 MCRC-18817-2025
in which, applicant Saleem has been acquitted on the basis of not supporting the
prosecution case by the prosecutrix. It is also submitted by learned Senior Counsel
that prior of the present incident, prosecutrix has filed an FIR for not fulfilling the
demand of huge money. He has also submitted that in compliance of liberty given
earlier, present petitions have been filed. Applicants are in custody since
18.11.2024 and have completed approximately six months. No MLC report would
have been filed by the prosecution in support of prosecution case. Conclusion of
trial will take sufficient long time. Under these circumstances, counsel prays for
grant of bail to the applicants.
6. Learned counsel for the objector has opposed the prayer by submitting
that since the applicants were threatening the prosecutrix, FIR was lodged
belatedly by more than one month.
7. Learned counsel for the State has also opposed the applications, but he
could not explain as to why the police has not filed FIR on the written complaint
made by the prosecutrix on 17.07.2024 and no any action has been taken by the
police against the accused persons, even after, the complaint was self-explanatory
by having serious nature of offences.
8. I have heard the learned counsel for the parties and perused the record.
9 . Looking to overall facts and circumstances of the case, rival
submissions of counsel for the parties, custody period of the applicant and also the
fact that FIR was lodged after a period of two and half month, this Court is of the
view that it is a fit case to grant bail to the applicant. hence, without commenting
on the merits of the case, this application is allowed.
10. It is directed that the applicant be released on bail on their furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with
one solvent surety each in the like amount to the satisfaction of the Trial Court for
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4 MCRC-18817-2025
securing their presence before the said Court on all the dates of hearing fixed in
this regard during trial. It is also directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
11. This order shall remain effective till the end of the trial, but in case of
bail jump and breach of any of the pre-condition of bail, it shall become ineffective
and cancelled without reference to this Bench.
12. With the aforesaid, this bail application is allowed and stands disposed
of.
Certified copy, as per Rules.
(PREM NARAYAN SINGH)
JUDGE
Vindesh
