Ritesh vs The State Of Madhya Pradesh
2026 Latest Caselaw 3543 MP

Madhya Pradesh High Court

Ritesh vs The State Of Madhya Pradesh on 15 April, 2026

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

         NEUTRAL CITATION NO. 2026:MPHC-IND:9914




                                                              1                           MCRC-12064-2026
                              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. 12064 of 2026
                                                      RITESH
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Manish Yadav - Advocate for the applicant.

                                   Shri Hemant Sharma - G.A. for the State.
                                   Shri Ankit Bhalavi - Advocate for the respondent [OBJ].

                                                                  ORDER

1. They are heard. Perused the case diary / challan papers.

2. This is second bail application filed by the applicant under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (439 of Cr.P.C.) as he/she is implicated in connection with Crime No.276/2025 registered at Police Station Manawar, District Dhar (MP) for offence punishable under Section 103(1), 49, 64(1), 64(2) of BNS, 2023 and 16/17, 3, 4, 5(L)/6 of POCSO

Act. The applicant is in custody since 07/06/2025.

3. The allegation against the applicant is of his involvement in the aforesaid case of rape and murder.

4. Counsel for the applicant has submitted that the main allegations of rape and murder are against the co-accused Vikas only, whereas against the applicant and the co-accused Lallat is concerned, the only allegation against

NEUTRAL CITATION NO. 2026:MPHC-IND:9914

2 MCRC-12064-2026 them are that they dropped the main accused Vikas on one side of the river and thereafter they left for the other side and subsequently, they also pick him up from their side of the river side and at that time, they were informed by the main accused that he had murdered the deceased. Counsel has submitted that in such circumstances, when there is no allegation of rape or any involvement in the murder of the deceased by the applicant and it is also not the case of the prosecution that the applicant conspired with the main accused, his further custody would not be necessary specially when he is lodged in jail since 07/06/2025 and there are no criminal antecedents against him. Hecne, it is prayed that the application be allowed and the applicant be released on bail.

5. Counsel for the respondent / State as also the objector, on the other

hand have opposed the prayer and it is also submitted by the counsel for the objector that a writ petition has also been filed for fair investigation.

6. Having considered the rival submissions and perusal of the case diary as also the documents filed on record, it is apparent that the main allegations are against the co-accused Vikas only as the incident took place across the river, whereas the applicant was on the other side of the river at that time and was also not waiting for the main accused. In such circumstances, further taking taking note of the fact that the applicant is lodged in jail since 07/06/2025 and the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed by the applicant is hereby allowed.

7. The applicant is directed to be released on bail upon furnishing a

NEUTRAL CITATION NO. 2026:MPHC-IND:9914

3 MCRC-12064-2026 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. If the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the Trial Court itself, who shall decide the same in accordance with law. If the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

8. M.Cr.C. stands allowed.

(SUBODH ABHYANKAR) JUDGE

krjoshi