Madhya Pradesh High Court
Ashraf vs The State Of Madhya Pradesh on 17 October, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:30581
1 MCRC-46578-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 17th OF OCTOBER, 2025
MISC. CRIMINAL CASE No. 46578 of 2025
ASHRAF
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Akhilesh Kumar Choudhary - Advocate on behalf of Shri Umesh
Sharma - Advocate for the applicant(through VC).
Shri Apoorv Joshi - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.561/2012
registered at Police Station - Chimanganj Mandi District Ujjain(M.P.) for
offence punishable under Sections 363, 366, 376, 506-B and 120-B of IPC.
The applicant is in custody since 13.08.2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
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 main accused Firoz has been acquitted vide
judgment dated 31.10.2013 passed in S.T. no. 168/2013. Learned counsel
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further submits that during trial with regard to the applicant, the victim (PW-
2) and her father (PW-3) have been examined. They did not support the
prosecution. The material prosecution witnesses have been examined. There
is no likelihood of tampering with the remaining evidence by the applicant.
Jail incarceration is causing hardship to the applicant and his family
members. Applicant is ready to cooperate in further trial.
Per contra, learned counsel for the respondent/State opposes the
application on the ground of gravity of alleged offence. However, after going
through the case diary, he fairly states that no criminal antecedent is reported
against the applicant.
According to the material available on case diary, Firoz and Tayyab
kidnaped the minor victim aged around 17 years and took her to Bhopal.
Ashraf took the victim from Bhopal to Lucknow and handed over her to
Firoz and Karan Singh. Firoz took her to Kanpur and committed rape with
her. Further, Firoz took her to Jhansi and threatened her for conversion. On
such allegation, P.S. Chimanganjmandi registered FIR for offence punishable
u/S 363, 366, 376, 506B and 102-B of IPC. Initially, final report was
submitted against Firoz, Tayyab, Jagat Singh Tomar and Karan Singh,
pending the investigation against Ashraf as Ashraf was absconding. Ashraf
was arrested on 11.08.2025. Supplementary final report was submitted. The
trial is underway. Victim and her father have been examined. They did not
support the prosecution. There is no prima facie allegation that the applicant
compelled the victim or assisted Firoz in sexual assault. The veracity of
prosecution and complicity of the applicant will be determined after evidence
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in the trial.
As informed, the applicant is aged around 42 years. He is a labourer by
profession and has the responsibility of dependent family. Considering these
aspects, there appears to be no possibility of fleeing from justice. In absence
of any criminal antecedent, considering the socio-economic status of the
applicant, there appears to be no likelihood of tampering with evidence or
influencing the remaining 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.
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.
Accordingly, it is directed that applicant- Ashraf 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/Incharge 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
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(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 ।
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 from this order.
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
sh
