[Cites 1, Cited by 0]
Madhya Pradesh High Court
Toofan vs The State Of Madhya Pradesh on 16 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:10202
1 MCRC-16888-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 16 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 16888 of 2026
TOOFAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anuj Bhargava, Advocate for the applicant.
Shri Rahul Solanki, Govt. Advocate for the respondent/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.31/2026 registered at Police Station-Chimanganj Mandi, District
Ujjain(M.P.) for offence punishable under Section 69 of the BNS, 2023. Applicant
is in judicial custody since 15.01.2026.
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. It is a case of consensual relationship between worldly-wise adults. They
were living together in live-in relationship for almost one year. When their
relationship turned sour and could not continue, false allegation of sexual
exploitation is levelled against the applicant. No offence, as alleged, is committed
by the applicant. The final report has been submitted on completion of
NEUTRAL CITATION NO. 2026:MPHC-IND:10202
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investigation. 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 25 years and is a driver/labourer by
profession.
6. As per the accusation on case diary, the complainant aged around 24
years, reported to the Police Station Chimanganj Mandi, Ujjain on 14.01.2026
that, she was engaged with applicant Toofan, but their engagement could not
continue. They used to communicate with each other. The applicant proposed to
marry her, therefore, they started living in live-in-relationship. The applicant had
physical relations with her on promise of marriage, but later on, he declined to
marry her. On such allegations, P.S. Chimanganj Mandi registered FIR for offence
punishable under Section 69 of BNS, 2023. However, the victim changed her
version in the statement recorded under Section 183 of BNSS, 2023. The final
report was submitted on completion of investigation. The applicant was arrested
on 15.01.2026. He is in custody ever since. The trial would take time to conclude.
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 dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
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3 MCRC-16888-2026
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- Toofan 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 ।
(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
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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
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