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Madhya Pradesh High Court
Ashok vs The State Of Madhya Pradesh on 10 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9756
1 MCRC-15842-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 10 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 15842 of 2026
ASHOK
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manish Yadav advocate for the applicant.
Shri Viraj Godha public prosecutor for 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. 14 of 2026 registered at Police Station- Ghatia,
District-Ujjain (M.P.) for offence punishable under Sections 376, 376(2)(n)
of IPC. Applicant is in judicial custody since 16.03.2026.
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. It is a case of consensual relationship between worldly
wise adults. Complainant continued relationship for 15 long years knowing
full well marital status of the applicant. Therefore, the allegation of sexual
relationship under false pretext of marriage is baseless. When their
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relationship turned sour due to property dispute, false allegation of sexual
exploitation is leveled against the applicant. No offence, as alleged, is
committed by the applicant. The investigation is almost complete. The
custodial interrogation of the applicant is not needed in the matter. Applicant
has clean past, with family roots, property and employment. There is no
history of evading process of law. There is no likelihood of tampering with
evidence by the applicant. Jail incarceration is causing hardship to the
applicant and the dependent family. Applicant is ready to cooperate in further
investigation/ trial. The alleged offence is not heinous or brutal in nature
affecting society at large.
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 55 years. He runs a school.
6. According to the accusation on case diary, the complainant /
prosecutrix, aged around 35 years, reported to the Police Station - Ghatia that
she came in contact with applicant Ashok in year 2010. Ashok was already
married. Ashok promised to marry her and had physical relations with her. In
year 2023, she got pregnant. Ashok promised to take care of her child and
marry her in future. She was blessed with a child. Thereafter, Ashok
continued to live with her as husband for many days. Recently, Ashok
stopped communicating with her. On such allegations, the Police Station,
Ghatia registered FIR for offence punishable under Section 376 and 376(2)
(n) of IPC. The applicant Ashok was arrested on 16.03.2026. He is in custody
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ever since. The statements of complainant have been recorded. The
investigation is underway. The custodial interrogation of applicant is not
needed in the matter. The contentions 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 the 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- Ashok 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
: (For convenience of understanding by accused and surety, the conditions of
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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 ।
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/she had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
