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Madhya Pradesh High Court
Rajendra Prajapati vs The State Of Madhya Pradesh on 10 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:11916
1 MCRC-16316-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 10th OF APRIL, 2026
MISC. CRIMINAL CASE No. 16316 of 2026
RAJENDRA PRAJAPATI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Keshav Pathak - Advocate for the applicant.
Mr. Dinesh Savita - Govt. Advocate for respondent/State.
ORDER
This is second bail application under Section 483 of BNSS filed by the
applicant for grant of bail. His first bail application was dismissed as
withdrawn vide order dated 02.02.2026 passed in M.Cr.C. No.4601 of 2026.
2. The applicant has been arrested in connection with Crime
No.265/2025 registered at Police Station Civil Line District Datia for offence
punishable under Sections 70(2), 64(2)(f) and 3(5)of BNS, Section 67, 67-A
of IT Act, Sections 5/6 of the POCSO Act and Sections 3(2)(v), 3(1)(w)(i) of
SC/ST Act.
3. As per prosecution story, allegation against the present applicant is
that he snatched a mobile phone of the prosecutrix.
4. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. The allegation
of rape is directed solely against the other co-accused; the only allegation
NEUTRAL CITATION NO. 2026:MPHC-GWL:11916
2 MCRC-16316-2026
against the present applicant is that he snatched a mobile phone from the
prosecutrix. It is further submitted that the trial of the case is likely to take a
considerable period of time for its conclusion. The applicant is a law-abiding
citizen and there is no likelihood of his absconding or fleeing from justice.
The applicant undertakes to abide by any condition that may be imposed by
this Hon'ble Court and assures that he shall neither tamper with the
prosecution evidence nor attempt to influence any witness. In view of the
aforesaid facts and circumstances, it is prayed that this Hon'ble Court may
kindly be pleased to enlarge the applicant on bail.
5. Per contra, learned counsel for the State has vehemently opposed
the bail application and prayed for dismissal of the application.
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 local surety in the like amount to the satisfaction of the trial
Court/Committal Court.
7. 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 executed by him/her;
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3 MCRC-16316-2026
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. In case offence of same nature is repeated, this bail
order shall automatically stand cancelled;
v) The applicant will not seek unnecessary adjournments during the
trial; and
vi) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
8. The application stands allowed and disposed of.
9. E- copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
(LJ*)
