[Cites 0, Cited by 0]
Madhya Pradesh High Court
Pushpendra Kumar Verma @ Mahi vs The State Of Madhya Pradesh on 2 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:26310
1 MCRC-13364-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 2 nd OF APRIL, 2026
MISC. CRIMINAL CASE No. 13364 of 2026
PUSHPENDRA KUMAR VERMA @ MAHI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arubendra Singh Parihar - Advocate for the applicant.
Shri Naveen Thakur - Government Advocate for the State.
Smt. Ranno Rajak - Advocate for the objector.
ORDER
This is the second application filed by the applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail
relating to FIR/Crime No.1626/2025 registered at Police Station - Kolgawan,
District - Satna (M.P.) for the offence punishable under Sections 64(2)(m)
and 351(3) of the Bharatiya Nyaya Sanhita, 2023. The applicant is in jail
since 19.12.2025. Applicant's first bail application i.e. M.Cr.C.
No.60500/2025 was dismissed as withdrawn with the liberty to repeat the
bail application after the charge sheet is submitted vide order dated
14.01.2026.
2. Learned counsel for the applicant has submitted that the applicant
has been falsely implicated in the case. The victim is aged about 34 years
old. She was the consenting party and on her own volition visited along with
NEUTRAL CITATION NO. 2026:MPHC-JBP:26310
2 MCRC-13364-2026
the applicant and went to the Hotel where physical relations were established
time and again but when some dispute took place between them, she lodged
the FIR stating that the applicant recorded the video of sexual act. The Police
has not recovered the mobile phone of the applicant and no document has
been recovered in this regard. The statement of the accused has been
recorded in which, it has been stated that the mobile was damaged, so he has
given the mobile for repairing and he does not know the name of the shop
and mechanic and the Police Officers have not recovered the mobile phone.
Learned counsel for the applicant has further submitted that as per the
prosecution, it is also stated that the applicant has shown the video to the
husband and mother-in-law of the victim and they have supported the fact
but the existence of the video is doubtful as the Police Officer could not
recover the mobile. On the above, learned counsel for the applicant has
submitted that the applicant be enlarged on bail.
3. Learned counsel for the objector has opposed the bail application
and has submitted that the applicant is not entitled to be enlarged on bail.
4. Learned counsel for the State has vehemently opposed the bail
application and has submitted that mobile was not recovered as it was
damaged and it was sent for repairing and no CD has been recovered but
witnesses have supported the prosecution case, hence, the applicant is not
entitled to be enlarged on bail.
5. Heard the parties and perused the case diary.
6. From the case diary and indexing, it appears that the charge sheet is
improper. There is mentioned that CD was recovered but no seizure memo of
NEUTRAL CITATION NO. 2026:MPHC-JBP:26310
3 MCRC-13364-2026
CD has been annexed with the case diary. No mobile phone has been
recovered and Police Officer has not tried to find out the mechanic with
whom the mobile was deposited for repairing. Video was made viral is not
the case of the prosecution, in these circumstances, looking to the age and
the conduct that the first time physical relations were established on March,
2025 and last time on 14.11.2025, coupled with the fact that trial will take
time to be concluded, this Court deems it appropriate to allow the
application. Thus, without commenting anything on the merits of the case,
the application is allowed.
7. It is directed that the applicant shall be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) each with one solvent surety each of the like amount to the
satisfaction of the trial Court concerned for his appearance before the said
Court on all such dates as may be fixed by that Court in this regard during
pendency of trial.
8. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
9. Accordingly, Misc. Criminal Case stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
DPS
