[Cites 1, Cited by 0]
Madhya Pradesh High Court
Sonu vs The State Of Madhya Pradesh on 15 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:10020
1 MCRC-11653-2026
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. 11653 of 2026
SONU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Dharmendra Keharwar - Advocate for the applicant.
Shri Sunit Kapoor - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.29/2026
registered at Police Station - Biaora Dehat , District Rajgarh(M.P.) for
offence punishable under Sections 64(1) and 351(3) of BNS, 2023. The
applicant is in custody since 27.01.2026(as per arrest memo).
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that applicant is falsely implicated in
the alleged offence over previous enmity between the parties. No offence, as
alleged, is committed by the applicant. The DNA examination report
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exonerates the applicant from the allegation of sexual assault. The final
report has been submitted. There is no likelihood of tampering with
evidence by the applicant for the reason that he is a labourer and is not
capable to influence the witnesses. The applicant has clean past, with family
roots. There is no history of evading process of law. Jail incarceration is
causing hardship to the young applicant and his family members. Applicant
is ready to cooperate in trial.
Per contra, learned counsel for the respondent/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. The applicant is aged around 19 years and is a labourer
by profession.
According to the material available on case diary, the complainant
aged around 28 years, a married lady reported to P.S. Biaora Dehat on
25.01.2026 that she was going to Village Narsinghpur. Sonu Tanwar met
him midway and threatened to kill her. Sonu took her to neighbouring
agricultural field and committed rape with her. She informed her family
members and came to report the matter. On such allegations, P.S. Biaora
Dehat registered FIR for offence punishable u/S 64(1) and 351(3) of BNS,
2023 against Sonu. Sonu was arrested on 27.01.2026. He is in custody ever
since. The DNA report does not substantiate the accusation of sexual assault
by the applicant. The contentions advanced by the applicant have prima-facie
merit and cannot be dismissed as manifestly baseless. The veracity of
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prosecution and complicity of the applicant in the alleged offence will be
determined after evidence in the trial.
As informed, the applicant is still dependent on his family and survives
on occasional labour work. 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 young applicant. However, the observations,
herein-above, are recorded for present application only.
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.
Accordingly, it is directed that applicant- Sonu 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
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 ।
NEUTRAL CITATION NO. 2026:MPHC-IND:10020
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(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 ।
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 of this order.
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
sh
