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Madhya Pradesh High Court
Samrth @ Rahul vs The State Of Madhya Pradesh on 15 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:10090
1 MCRC-16763-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 15 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 16763 of 2026
SAMRTH @ RAHUL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Bhupendra Singh Sisodiya advocate for applicant.
Shri Rahul Solanki 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. 159/2026 registered at Police Station- Tal, District Ratlam (M.P.)
for offence punishable under Sections 69, 351(3) of the BNS, 2023. Applicant is
in judicial custody since 7.04.2026.
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
to pressurize him to marry her. No offence, as alleged, is committed by the
applicant. It is a case of consensual relationship between worldly wise adults.
They executed an agreement for live in relationship. When their relationship
turned sour as the applicant could not fulfill the demand of money of the
complainant, false allegation of sexual exploitation is levelled against the
NEUTRAL CITATION NO. 2026:MPHC-IND:10090
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applicant. The investigation is almost complete. Further custodial
interrogation of the applicant is not needed in the matter. 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. 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 around 27 years and is an agriculturist by profession.
6. As per the accusation on case diary, the complainant aged around 36 years,
reported to the Police Station Tal on 29.3.2026 that she was married in the year
2019. She was blessed with a son. Her husband Samrath Balai expired in an
accident in year 2022. Samrath @ Rahul started communicating with her on
mobile phone. Samrath @ Rahul promised to marry her and had physical relations
with her. On 23.12.2025, Samrath @ Rahul took her to Alot Court and executed
an agreement with her. Thereafter, Samrath took her to Hotel Jalsa and had
physical relations with her. For last 15 days, Samrath @ Rahul has refused to meet
her and threatened to kill her if she asks for marriage. On such allegations, the
Police Station Tal registered FIR for offence punishable under Section 69, 351(3)
of BNS. The applicant was arrested on 7.4.2026. He is in custody ever since. The
trial is underway. Apparently, it is case of long relationship between adults. The
contentions advanced by the applicant have prima-facie merit and cannot be
dismissed as manifestly baseless. The veracity of the prosecution and complicity
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of the applicant in the alleged offence will be considered after evidence in trial.
7. As informed, the applicant has responsibility of aged 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.
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- Samrath @ Rahul 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 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 ।
NEUTRAL CITATION NO. 2026:MPHC-IND:10090
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(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
