[Cites 2, Cited by 0]
Madhya Pradesh High Court
Pritam vs The State Of Madhya Pradesh on 3 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4255
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 3 rd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4715 of 2026
PRITAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rohit Shrivastava - Advocate for applicant.
Ms Kalpana Parmar - Public Prosecutor for respondent/State.
ORDER
This is first bail application under Section 483 of BNSS filed by the
applicant for grant of bail.
The applicant has been arrested on 27.11.2025 in connection with
Crime No.207/2025 registered at Police Station- Naisarai District
Ashoknagar in relation to the offence punishable under Sections 137(2), 74,
78(1)(i), 296(a) of BNS and 7/8, 11/12 of POCSO Act and Section 3(1)(द),
3(1)((ध), 3(2) ( ह ए) of SC/ST Act.
As per prosecution case, on 26.11.25 the complainant orally reported
that she is acquainted with one Pritam Kushwaha, son of Devilal Kushwaha,
from her village. For approximately the past one year, Pritam had been
stalking her with ill intent while she was going to and returning from school.
Despite her repeatedly telling him not to follow her, he did not desist. On
26.11.25 at about 2:00 PM, when she had gone to the bushes near her house
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to attend nature's call and was returning, Pritam met her on the road, caught
hold of her with bad intentions, and stated, "I like you, come, let us run
away." When she refused, he forcibly grabbed her hand and tried to drag her
towards the forest. After some time, the police along with her father, aunt,
and elder aunt reached the spot to apprehend them. Upon noticing the
presence of the police and family members, Pritam fled from the scene after
hurling caste-based abuses at her.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case and has not committed any offence as
alleged. It is further submitted that the applicant and the prosecutrix were
known to each other and shared a cordial relationship. It is further submitted
that although the prosecutrix has alleged in the FIR that the applicant was
stalking her for the past one year, it is noteworthy that during this entire
period, neither any FIR nor any complaint was ever lodged by the prosecutrix
against the applicant, which clearly renders the allegations doubtful and
concocted. It is also submitted that the investigation is complete and the
charge-sheet has already been filed before the competent court; hence, no
further custodial interrogation of the applicant is required. The trial is likely
to take considerable time to conclude. The applicant is a permanent resident
of District Ashoknagar and there is no likelihood of his absconding or
tampering with the prosecution evidence or influencing the witnesses. The
applicant undertakes to abide by all the terms and conditions that may be
imposed by this Court. In view of the aforesaid facts and circumstances, it is
prayed that this Court may be pleased to enlarge the applicant on bail in the
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interest of justice.
Per contra, learned counsel for the State vehemently opposes and prays
for its rejection.
Heard counsel for the parties and perused the case diary.
Taking into account the overall facts and circumstances of the case, the
arguments advanced by learned counsel for the parties coupled with the fact
that the trial is not likely to conclude in near future and prolonged pre- trial
detention being an anathema to the concept of liberty, this Court is inclined
to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case,
this application is allowed and it is directed that the applicant be released on
bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety of the like amount to the satisfaction
of the trial Court/committal Court for his appearance on the dates given by
the concerned Court.
This order will remain operative subject to compliance of the
following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police
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Officer, as the case may be;
4 . The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
