[Cites 6, Cited by 0]
Madhya Pradesh High Court
Vipin Sen vs The State Of Madhya Pradesh on 3 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:9479
1 MCRC-2509-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 3 rd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 2509 of 2026
VIPIN SEN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashish Kumar Kurmi - Advocate for the applicant.
Shri Nagendra Singh Solanki - Panel Lawyer for the State.
ORDER
This is the second application filed by the applicant under Section 483
o f Bharatiya Nagarik Suraksha Sanhita , 2023 for grant of regular bail
relating to FIR/Crime No.425/2025 registered at Police Station-Gopalganj,
District-Sagar (M.P.) for the offence punishable under Sections 137(2), 87,
65(1), 3(5), 49 of BNS and Sections 3/4, 5(l)/6, 16/17 of POCSO Act, 2012.
The applicant is in custody since 20.09.2025. Earlier bail application was
dismissed as withdrawn vide order dated 17.12.2025 passed in M.Cr.C.
No.55540 of 2025.
2. Learned counsel for the applicant has submitted that as per the
DNA report received in respect of the fetus of the victim, the DNA matches
with that of the co-accused namely Prashant Gautam who has already been
enlarged on bail. The DNA of fetus does not match with that of the present
applicant. On that basis, it is clear that the applicant had not sexually
NEUTRAL CITATION NO. 2026:MPHC-JBP:9479
2 MCRC-2509-2026
assaulted the victim and the applicant has falsely been implicated in the case,
hence, the applicant be released on bail.
3. Learned counsel for the State has opposed the bail application and
submitted that although the DNA of the applicant does not match with the
fetus of the victim but the DNA of co-accused matches with the fetus of
victim. It is clear that the fetus was the result of sexual assault by the co-
accused. It is further submitted that on the request and with the common
intention of the present applicant, the victim carried from her home by the
co-accused. It is also alleged that co-accused accompanied the victim to
Bhopal and from Bhopal to Indore. Both the accused persons had sexually
exploited the victim. Looking to the gravity of offence, the applicant is not
entitled to be released on bail.
4. Heard the parties and perused the case diary.
5. On perusal of the record, it is clear that it is alleged by the
prosecution that this applicant along with the co-accused had kidnapped the
victim and on 16.09.2025, the co-accused took the victim from her home and
carried her to Bhopal where both the accused persons met and thereafter the
victim was carried to Indore where she was sexually exploited at Bhopal and
Indore. However, from the prosecution case itself, it is clear that as per the
DNA report submitted along with the case diary, on 01.11.2025, the fetus
was of approximately nine weeks from which it is clear that the victim had
conceived in August, 2025. This fact is further supported by the report of
doctor who conducted the abortion and from the DNA report, the DNA of
the co-accused matches with the fetus of the victim. Thus, it appears that the
NEUTRAL CITATION NO. 2026:MPHC-JBP:9479
3 MCRC-2509-2026
victim was in a relationship with the co-accused prior to leaving her house
and the co-accused has already been granted bail.
6. Looking to the factual aspects of the case, this Court deems it
appropriate to enlarge the applicant on bail. Thus, without commenting
anything on the merits of the case, the application is allowed.
7. It is directed that applicant shall be released on bail on his
furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one surety in the like amount to the satisfaction of the trial Court
concerned for his appearance before the said Court on all such dates as may
be fixed by that Court in this regard during the pendency of trial.
8. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
9. Accordingly, M.Cr.C. stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
HK
