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Madhya Pradesh High Court
Punjilal vs The State Of Madhya Pradesh on 8 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9434
1 MCRC-15371-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 8 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 15371 of 2026
PUNJILAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vishal Patidar - Advocate for the applicant.
Shri Rahul Solanki GA for the State.
ORDER
1. This first application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 52 of 2026 registered at Police Station- Sailana,
District- Ratlam (M.P.) for offence punishable under Sections 64(1), 351(3),
78(i) and 332(B) of the BNS, 2023. Applicant is in judicial custody since
06/02/2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. 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. No offence, as alleged, is committed by the applicant.
The delay in registration of FIR substantiates the defence of the applicant of
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false implication after premeditation and consultation. The final report has
been submitted on completion of investigation. Applicant has clean past,
with family roots. There is no history of evading process of law. There is no
likelihood of tampering with evidence by the applicant for the reason that he
is labourer by profession and is not capable of influencing the witnesses. The
trial would take time to conclude. Jail incarceration is causing hardship to the
applicant and the dependent family. Applicant is ready to cooperate in the
trial.
5. Per contra, learned counsel for the 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. Applicant is aged 34 years. He is labourer by profession.
6. As per the accusation on case diary, the complainant, aged around
40 years and mother of six children, reported to the Police Station - Sailana
on 05/02/2026 that Punjilal (applicant) offered to marry her, but she
declined. On 09/01/2026 around 2:30 in the afternoon, Punjilal came to her
house. She was alone at her home. Punjilal committed rape on her and
threatened to kill, if she informed anybody. She did not inform anybody due
to fear of social disrepute. Thereafter, she gathered courage and informed her
brother-in-law (jeth). On such allegation, the Police Station registered FIR
for offence punishable under Sections 64(1), 351(3), 78(i) and 332(B) of the
BNS, 2023. Applicant was arrested on 06/02/2026. He is in custody ever
since. The final report has been filed on completion of investigation and the
trial is under way. The FIR is inordinately delayed. The contentions
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advanced by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The veracity of the prosecution and complicity of the
applicant in the alleged offence will be considered after evidence in trial.
7. As informed, the applicant has family responsibilities.
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 applicant. However, the observations, herein-above, are
recorded for present application only.
8. 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.
9. Accordingly, it is directed that applicant- Punjilal 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. 50,000/- (Rupees Fifty Thousand
only) with one surety of the same amount to the satisfaction of the Trial Court, for
compliance with the following conditions : (For convenience of understanding
by accused and surety, the conditions of bail are also reproduced in Hindi
asunder):-
(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;
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(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 भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का
उिचत अनुपालन सुिन त करे गा
10. 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.
11. 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 had explained the conditions to
the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
