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Madhya Pradesh High Court
Ankit Dubey vs The Satate Of Madhya Pradesh on 15 April, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:10022
1 MCRC-12792-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 15th OF APRIL, 2026
MISC. CRIMINAL CASE No. 12792 of 2026
ANKIT DUBEY
Versus
THE SATATE OF MADHYA PRADESH
Appearance:
Shri Charchit Shastri - Advocate for the applicant.
Shri Surendra Singh Alawa - Government Advocate appearing on
behalf of the Advocate General for the respondent - State.
ORDER
They are heard. Perused the case diary/challan papers.
2. This is the applicant's third bail application filed under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 439 of Cr.P.C. as he
is implicated in connection with Crime No.687/2025 registered at Police
Station Khajarana, District Indore (MP) for offence punishable under
Sections 69, 351 (4) and 296 of B.N.S., 2023. The applicant is in custody
since 27/08/2025. His first bail application M.Cr.C. No.43795/2025 was
withdrawn on 04/11/2025 with liberty to renew prayer after filing of the
charge sheet; and second application MCRC No.52346 of 2025 has also been
dismissed as withdrawn vide order dated 16.12.2025 with a liberty to renew
his prayer after the prosecutrix is examined in the trial Court.
3. The allegation against the applicant is of sexual intercourse on the
NEUTRAL CITATION NO. 2026:MPHC-IND:10022
2 MCRC-12792-2026
pretext of marriage.
4. Counsel has submitted that the prosecutrix is not turning up in the
trial Court since last nine times and till date not a single witness has been
examined. It is also submitted that although it is alleged that the applicant
had sent obscene videos of the prosecutrix to the her brother, but the said
video has also not been seized, however, mobile phone of the applicant has
been seized, but FSL Report has not been received. Thus, it is submitted that
considering the fact that the applicant is lodged in jail since 27/08/2025, the
applicant deserves to be released on bail and final conclusion of trial is likely
to take sufficient long time. Hence, it is submitted that the application be
allowed.
5. Counsel for the State has opposed the prayer, however, it is not
denied that there is no seizure of any photograph or video clip of the
applicant. However, it is submitted that mobile phone of the applicant has
been seized and the same is sent for FSL.
6. Having considered the rival submissions, perusal of the case diary,
and taking note of the fact that the prosecutrix is not appearing in the trial
Court since last nine occasions whereas there is no incriminating material
seized from the applicant despite the fact that it is alleged that the applicant
had sent an objectionable video clip to the prosecutrix's brother, in such
circumstances, this Court inclined to allow the present application.
However, if it is found that FSL Report is positive and any incriminating
material is found in the said report, the State shall be at liberty to apply for
cancellation of bail.
NEUTRAL CITATION NO. 2026:MPHC-IND:10022
3 MCRC-12792-2026
7. Accordingly, without commenting on the merits of the case, the
application filed by the applicant is hereby allowed. The applicant is directed
to be released on bail upon furnishing a personal bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the
like amount to the satisfaction of the trial Court for his/her regular
appearance before the trial Court during trial with a condition that he / she
shall remain present before the court concerned during trial and shall also
abide by the conditions enumerated under Section 437 (3) Criminal
Procedure Code, 1973.
8. Accordingly, the application is allowed and disposed of.
Certified copy as per rules.
(SUBODH ABHYANKAR)
JUDGE
rcp
