Citation : 2026 Latest Caselaw 3541 MP
Judgement Date : 15 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:10047
1 MCRC-15704-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 15th OF APRIL, 2026
MISC. CRIMINAL CASE No. 15704 of 2026
AMIT BATRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aditya Dubey advocate for applicant.
Shri Bhaskar Agrawal 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. 131/2026 registered at Police Station- Neelganga, District Ujjain (M.P.) for offence punishable under Sections 69 of the BNS, 2023. Applicant is in judicial custody since 21.03.2026.
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 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. When the engagement could not culminate into
NEUTRAL CITATION NO. 2026:MPHC-IND:10047
2 MCRC-15704-2026 marriage due to some dispute between the parties, the false allegations of rape are levelled against the 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 36 years. He is in job.
6. As per the accusation on case diary, the complainant aged around 38 years, reported to the Police Station, Neelganga on 18.3.2026 that she was engaged with Amit on 11.9.2024. When talks of engagement were going on, Amit took her to various places and sexually exploited her. After engagement, Amit went to Africa. He returned on 25.4.2025 and called her for marriage at Shirdi. They stayed at a hotel in Shirdi. Amit sexually exploited her on promise of marriage. Amit has been exploiting her for long two years. On such allegations, the Police Station Neelganga registered FIR for offence punishable under Sections 69 of BNS. The applicant was arrested on 19.3.2026. He is in custody ever since. The statements of complainant have been recorded under Sections 180 and 183 of the BNSS, 2023. Apparently, it is case of long consensual relationship between adults.
NEUTRAL CITATION NO. 2026:MPHC-IND:10047
3 MCRC-15704-2026
The investigation is underway. 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 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- Amit Batra 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;
NEUTRAL CITATION NO. 2026:MPHC-IND:10047
4 MCRC-15704-2026 (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
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