[Cites 1, Cited by 0]
Madhya Pradesh High Court
Dev Chand vs The State Of Madhya Pradesh on 2 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3279
1 MCRC-4587-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4587 of 2026
DEV CHAND
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Neeraj Siresiya - Advocate for the petitioner.
Shri Sunit Kapoor - Govt. Advocate for the respondent/State.
ORDER
This second 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. 641/2024 registered at Police Station- Bajna,
District-Ratlam (M.P.) for offence punishable under Sections 87, 64, 351(3)
and 142 of the BNS, 2023. Applicant is in judicial custody since 25.08.2025.
His first application was dismissed as withdrawn with liberty to renew the
prayer for bail after evidence of the complainant before the trial Court.
Thereafter, evidence of complainant (PW-1) has been recorded before the
trial Court on 19.06.2026.
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
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mentioned in the application submits that the applicant is falsely implicated
in the alleged offence. It is a case of romantic relationship between two
youngsters. The victim went with the applicant at her own. After returning
home, she made false allegation of rape against the applicant. No offence, as
alleged, is committed by the applicant. Learned counsel refers to the cross-
examination of complainant (PW-1) to contend that she clearly admitted
consensual relationship with the applicant. The fate of prosecution is
apparent. Applicant has clean past, with family roots, property and
employment. There is no history of evading process of law. There is no
likelihood of tampering with remaining evidence by the applicant for the
reason that the complainant has been examined . Jail incarceration is causing
hardship to the young applicant and the dependent family. Applicant is ready
to cooperate in the trial. The alleged offence is not heinous or brutal in
nature affecting society at large.
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. He is a student and pursuing his studies.
According to the accusation on case diary, applicant - Devchand
aged around 20 years abducted the complainant aged around 20 years and
took her to Banswada and committed rape with her. On such allegations, the
Police Station, Women Cell, Ratlam registered FIR for offence punishable
under Sections 87, 64, 351(3) and 142 of the BNS 2023 against
Devchand. Applicant was arrested on 25.08.2025. He is in custody ever
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since. The material prosecution witness i.e. the complainant (PW-1) has
been examined before the trial Court. The contentions advanced by the
applicant have prima-facie merit and cannot be dismissed as manifestly
baseless. The veracity of prosecution and complicity of the applicant in the
alleged offence will be determined after evidence in trial.
As informed, the applicant is still dependent on his family.
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 remaining 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 young applicant on bail. Thus, the
application is allowed.
Accordingly, it is directed that applicant- Devchand 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 asunder):-
(1) Applicant shall remain present on every date of hearing as may be directed
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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 ।
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.
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
