[Cites 3, Cited by 0]
Madhya Pradesh High Court
Mukesh vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9128
1 MCRC-12493-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 7 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 12493 of 2026
MUKESH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nilesh Dave with Ms Mansi Kushwah - Advocate for the
applicant.
Shri Rahul Solanki - Govt. Advocate for the respondent/State.
ORDER
Learned counsel for the State has informed that the victim has been
duly informed about filing of this bail application.
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.530/2025
registered at Police Station - Khachrod, District Ujjain(M.P.) for offence
punishable under Sections 137(2), 64(2) of BNS, 2023 and Sections 3 & 4
of POCSO Act, 2012. The applicant is in custody since 06.01.2026(as per
arrest memo).
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
NEUTRAL CITATION NO. 2026:MPHC-IND:9128
2 MCRC-12493-2026
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 under the pressure of family members of victim. No
offence, as alleged, is committed by the present applicant. It is a case of
romantic relationship between youngsters. The victim had liking for the
applicant. Her family was against their relationship. She left her parental
home at her own and went with the applicant. The determination of age of
the victim is doubtful. There is no likelihood of tampering with evidence by
the applicant for the reason that the applicant is not capable of influencing
the witness. The applicant has clean past, with family roots, property and
employment. There is no history of evading process of law. The final report
has been filed. Jail incarceration is causing hardship to the young applicant
and his family members. Applicant is ready to cooperate in 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. The applicant is aged around 20 years and is an
agricultural labourer by profession.
According to the material available on case diary, Mukesh aged 20
years kidnapped minor victim aged 17 years and 04 month and subjected her
to penetrative sexual assault. The victim in her statement recorded u/S 183 of
BNSS, 2023 stated that she had called the applicant. She went with the
applicant to Mhow. They stayed in a room in the house of uncle of Mukesh.
NEUTRAL CITATION NO. 2026:MPHC-IND:9128
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They had physical relations. Prima-facie , the element of inducement,
enticement, compulsion or force is missing in her statement recorded u/S 183
of BNSS, 2023. The contentions advanced by the applicant have prima-facie
merit and cannot be dismissed as manifestly baseless. The veracity of
prosecution and age of victim will be determined after evidence in the trial.
As informed, the applicant is dependent on family and survives on
occasional agricultural labour work. 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 recidivism or tampering with evidence or
influencing the witnesses by the applicant. There appears to be no
compelling reason to continue incarceration of the young 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- Mukesh 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, for compliance with the following conditions :
NEUTRAL CITATION NO. 2026:MPHC-IND:9128
4 MCRC-12493-2026
(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 ।
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.
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
