[Cites 3, Cited by 0]
Madhya Pradesh High Court
Krishnpal Singh vs The State Of Madhya Pradesh on 8 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9440
1 MCRC-15192-2026
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. 15192 of 2026
KRISHNPAL SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vishal Patidar - Advocate for the applicant.
Shri Bhaskar Agrawal - Govt. Advocate for the respondent/State.
ORDER
Learned counsel for the State informs that notice to victim has duly been
served.
2 This second application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No. 360 of 2025
registered at Police Station - Barawda, District - Ratlam (M.P.) for offence
punishable under Sections 137(2), 64(1), 65(1) of BNS, 2023 and Section 3/4 of
POCSO Act, 2012. Applicant is in judicial custody since 10.11.2025. First bail
application was dismissed as withdrawn vide order dated 19.01.2026 passed in
MCRC No.60182/2025. Thereafter, the mother of the victim (P.W1), victim
(P.W.2) and her father (P.W.2) have been examined before the trial Court.
3. Heard the arguments.
4. Perused the grounds for grant of bail stated in the application, case diary
and the relevant material on record.
5. Learned counsel for the applicant, in addition to the grounds mentioned
in the application, submits that the applicant is falsely implicated in the alleged
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offence under the pressure of family members of the victim. The victim had left
her parental home on her own and went with the applicant as her parents were
planning to get her engaged to someone. No offence, as alleged, is committed by
the applicant. Material prosecution witnesses - victim(PW-2), mother of the victim
(P.W.1) and her father (PW-3) have been examined before the trial Court. They
have not supported the prosecution, rather, exonerated the applicant of the
accusation and stated that the victim was aged about 19 years at the time of alleged
incident. There is no likelihood tampering with the remaining evidence by the
applicant for the reason that he is not capable of influencing the witnesses.
Applicant has clean past, with family roots. There is no history of evading process
of law. Jail incarceration is causing hardship to the applicant and the dependent
family. Applicant is ready to cooperate in the trial.
6. 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 around 23 years and is an agriculturist by profession.
7. As per the accusation on record, applicant- Rajesh, aged around 23
years, kidnapped the minor victim aged around 15 years and 11 months and
subjected her to penetrative sexual assault. The applicant was arrested on
10.11.2025. He is in custody ever since. The trial is underway. The victim (PW-
2), her mother (P.W.1) and her father (PW-3) have been examined before the trial
Court. The contentions advanced by the applicant have prima-facie merit and
cannot be dismissed as manifestly baseless. The veracity of prosecution and
complicity of the applicant in the alleged offence will be determined after evidence
in the trial.
8. As informed, the applicant has responsibilities of aged
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parents. 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.
9. 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.
10. Accordingly, it is directed that applicant - Krisnhapal Singh shall
be released on bail in connection with the 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 solvent 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 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;
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(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 ।
11. 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.
12. 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
sumathi
