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Madhya Pradesh High Court
Shriramdas Bairagi Alias Shriram vs The State Of Madhya Pradesh on 1 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10914
1 MCRC-12643-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 1 st OF APRIL, 2026
MISC. CRIMINAL CASE No. 12643 of 2026
SHRIRAMDAS BAIRAGI ALIAS SHRIRAM
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rishikesh Bohare - Advocate for the applicant.
Shri Dinesh Savita - Public Prosecutor for the respondent/State.
Shri Abhishek Mudgal- Advocate for the complainant.
ORDER
This is first application filed by the applicant under Section 483 of the
B.N.S.S. for grant of bail. The applicant has been arrested in connection with
Crime No.326/2025 registered at Police Station Piprai, District - Ashok
Nagar(M.P.) for the offence under Sections 64(2)(f), 351(3), 115(2), 74 of BNS,
2023 and 5n/6 & 7/8 of POCSO Act.
2. As per the prosecution case earlier on 23-12-25 when none of family
member was available in the house, co-accused Gajendra (maternal brother of
applicant) reached at the house of prosecutrx and committed rape on her, during
said period applicant reached there and beaten said co-accused Gajendra,
thereafter the applicant has been beating the proseuctix also and on 23-12-25 when
she was sleeping in the house the applicant also committed rape on her and
threatened not to disclose anyone. Thereafter the prosecutrix informed her mother
and brother and lodged instant report.
3. Learned counsel for the applicant submits that the applicant is innocent
NEUTRAL CITATION NO. 2026:MPHC-GWL:10914
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and has been falsely implicated in this case. The applicant is in custody since
28.12.2025. The applicant is the father of the prosecutrix. Present applicant did
not commit rape with her daughter/prosecutrix as stated by the prosecutrix in her
statement recorded under Section 183 of BNSS. On behalf of her an affidavit is
also filed, as she has no objection to grant the bail to the applicant. Investigation is
almost over and charge-sheet is likely to be filed. The applicant has been
implicated in this case on the basis of memorandum of co-accused. There is no
previous criminal antecedent against the present applicant. The applicant is
permanent resident of District Ashoknagar (M.P.). It is further submitted that
applicant is ready and willing to abide by all the terms and conditions imposed by
this Court. No further custodial interrogation is required in the matter. Conclusion
of the trial will take sufficiently long time. Hence, prayed for grant of regular bail
to the applicant.
4. Learned counsel for the State has vehemently opposed the prayer and
prayed for its dismissal.
5. Heard learned counsel for the rival parties and perused the case diary.
6. Considering the above submissions made by the counsel for the parties
and looking to the facts and circumstances of the case but without expressing any
opinion on merits of the case, this application is allowed and it is directed that the
applicant be released on bail on furnishing a personal bond in the sum
of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety in the
like amount to the satisfaction of the Trial Court.
8. This order will remain operative subject to compliance of the following
conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the bond
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executed by him/her;
ii) The applicant will cooperate in the investigation /trial, as the case may
be;
iii) The applicant will not indulge himself/herself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such acts to the Court or to the Police Officer,
as the case may be;
iv) The applicant will not commit any other offence or will not repeat the
offence in future.
vi) The applicant will not seek unnecessary adjournments during the trial;
and
vii) The applicant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
9. Application is allowed and disposed of.
10. E- copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
mani
